LB 


IC-NRLF 


HO   t,12 


LIBRARY 

OF   THE 

UNIVERSITY  OF  CALIFORNIA. 


GIRT  OR 


o  r-i  . 


Accession        ^^5441  Class 


PUBLIC  SCHOOL  LAW 


AS    CONTAINED     IN    THE    MARY!    \ND     EOD) 

.  '   \  !    •  :.      '    '."        :      '  •  is      •  ' 

N'   /     /          '      /"  A  MEND  3/£N  / 


SESSION,     19OO. 


iiALTIMORK; 

WIIJJAM     J.     C.     DULANY     COMPANY, 
No.  8  BALTIMORE  STRKKT,  EAST. 


TIHIIE 


PUBLIC  SCHOOL  LAW 


AS    CONTAINED    IN    THE    MARYLAND     CODE,    PUBLIC 

GENERAL   LAWS,    EDITION  OF  1888,   AND 

SUBSEQUENT  AMENDMENTS 


-TO- 


SESSION,    19OO 


BALTIMORE: 

WILLIAM    J.     C.     DULANY     COMPANY, 
No.  8  BALTIMORE  STREET,  EAST. 

1900. 


COPYRIGHT 

WIUJAM  J.  C.  DUI.ANY  COMPANY, 
1900. 


State  Board  of 


JOHN  WALTER  SMITH,  GOVERNOR,  President. 


JOHN  G.  ROGERS, 
CLAYTON  PURNELL, 

Z.  P.  WHARTON, 

JOSEPH  M.  GUSHING, 

E.  B.  PRETTYMAN,  Secretary 


Ellicott   City,   Md 
Frostburg,  Md. 

Stockton,  Md. 
Baltimore ,  Md. 
Baltimore,  Md. 


"85441 


CONTENTS. 


1.  Providing  free  system  of  Public  Education. 

CHAPTER  I. — Supervision. 
Educational  Matters — 

2.  Affecting  State,  under  State  Board, 

3.  Affecting  County,  under  County  Board, 

4.  Affecting  District,  under  District  Trustees. 

CHAPTER  II.— Formation  of  Boards. 

5.  Appointment  of  State  Board, 

6.  Appointment  of  County  Boards, 
Election  of  Garrett  County  Board, 

7.  Appointment  of  District  Trustees;  Oath  of. 

CHAPTER  III. — Duties  of  the  State  Board  of  Education. 

8.  Meetings, 

9.  Office  of, 

10.     Expenses  of;  how  paid. 

11-13.     General  duties  and  powers  of, 

14.  To  examine  candidates  for  County  Examiner, 

15.  May  grant  Professional  Certificates  to  teachers, 

16.  To  be  ex-officio  trustees  of  State  Normal  School;  Principal,  trustee 

of  State  Agricultural  College, 

17.  All  Schools  receiving  State  aid  report  to. 

CHAPTER  IV. — Duties  of  the  County  School  Commissioners. 

18.  Meetings;   compensation;  appointment   of  secretary,  treasurer  and 

examiner 
Garrett  County  Board  to  meet  May  first, 

19.  Are  a  body  politic;  powers  of. 

20.  All  property  and  money  belonging  to  the  Schools  to  be  under  their 

control. 

21.  General  duties  of, 

22.  County  Commissioners  to  levy  a  tax, 

23      Division  of  County  into  School  Districts, 

24.  To  report  annually;  also   to  publish   statement  of    expenses   and 

receipts. 

25.  Vacancies,  how  filled, 

How  filled  in  Garrett  County, 

26.  No  teacher  to  be  appointed  on  the  Board, 

28.     To  provide  water-closets  or  out-houses;  Counties  exempt. 

CHAPTER  V. — Duties  of  the  District  School  Trustees. 

27.  Duties  of, 

28.  To  see  that  each  house  has  suitable  out-houses, 

29.  For  what  purposes  School-houses  are  to  be  used, 

30      New  School  Districts;  formation  of;  number  of  resident  voters, 
31.     Vacancies;  how  filled. 


CONTENTS 


CHAPTER   VI.—  School  Houses   and  Sites. 

32.  By  whom  to  be  selected, 

33.  Board  may  receive  donations  for;  title  to, 

34.  Condemnation  of  land;  proceedings, 

35.  Costs;  how  paid, 

36.  Board  to  furnish  plans  for  houses 

CHAPTER  VII.  —  Schools. 

37.  School;  how  designated, 

38.  To  be  kept  open;  how  long, 

39.  What  studies  shall  be  taught, 

40.  Nature  of  alcoholic  drinks  and  narcotics  to  be  taught, 

41.  Preceding  section  enforced;  by  whom, 
Civil  Government  shall  be  taught, 

42.  When  assistants  may  be  appointed, 

43.  Establishment   of   schools  of   different  grades;  division    of   school 

district;  closing  schools;  kept  open  at  expense  of  district, 

44.  Public  examinations  to  be  held, 

45.  Hours  schools  are  to  be  kept  open;  how  regulated, 

46.  Disturbing  a  school  while  in  session;  penalty, 

47.  Terms  of  schools;  vacations  and  holidays;  partial  terms  to  close  at 

end  of  term. 

CHAPTER  VIII.  —  Teachers. 

48.  Qualification  of, 

49.  How  appointed  and  removed, 

50  Quarterly  reports  of;  to  contain  what, 

51.  Charges  against  moral  character  of;  how  tried, 

52.  Life  certificate;  for  what  granted, 

53.  Salaries  of;  by  whom  fixed. 

CHAPTER  YK.—  Pupils. 

54.  Who  may  be  pupils, 

55.  Suspension  and  expulsion  of, 

56.  When  children  living  in  one  district  may  attend  school  in  another, 

57.  Each  pupil  to  produce  certificates  of  vaccination, 

No  teacher  shall  receive  a  pupil  without;  penalty  for  violation. 
Disposition  of  fines. 

CHAPTER  <TL.—  Text  Books. 

58.  Not  to  be  sectarian  or  partisan. 

59.  How  adopted  and  purchased, 

60.  Provide  for  issuing  free  books, 

61.  Account  of  expenses;  appropriation;  apportionment. 

CHAPTER   XI.—  County  Examiner. 

62.  To  examine  candidates  for  teachers'  positions  and  give  certificates, 

63.  What  certificates  shall  state;  requirements  added  by  State  Board, 

64.  To  whom  not  to  be  issued, 

65.  Shall  hold  regular  examinations  ;  fee  for  issuing  certificate;  penalty, 

66.  Shall  visit  schools  and  report  observations, 

67.  Bond  as  treasurer;  to  contain  what;  may  have  the  security  of  any 

authorized  deposit  or  trust  company, 

68.  To  give  his  whole  time;  salary, 

69.  Shall  notify  Comptroller  annually  how  long  schools  have  been  open. 


CONTENTS.  vii 


CHAPTER  XII. — State  Normal  School. 

70.  Where  situated;  purposes  of ;  appointment  of  principal;  salary, 

71.  Of  whom  faculty  to  consist, 

72.  Sessions  of, 

73.  Students;  selection  of;  declaration  of, 

74.  Pay  scholars  may  be  admitted, 

75.  State  Board  shall  prescribe  course  of  study;  provide  for  model  and 

experimental  schools;  salaries  of  teachers  of;  how  paid, 

76.  Appropriation  for, 

77.  Bequests  and  devises;  how  to  be  held, 

78.  Report  of  the  State  Board  of  Education, 

79.  Three  thousand  copies  to  be  distributed. 

CHAPTER   XIII.—  Teachers'  Institutes. 

80.  To  be  held  each  year, 

81.  Time  of  meeting;  how  fixed, 

82.  By  whom  to  be  presided  over, 

83.  Place  of  meeting;  how  selected. 

CHAPTER  XIV.—  Teachers'  Associations. 

84.  Formation  of  recommended, 

85.  County  Examiner's  duties  in  promoting, 

86.  May  occupy  any  school-house 

State  Association  incorporated;  empowered  to  confer  degrees. 

CHAPTER  XV.— District  Libraries. 

87.  How  sustained;  books;  how  selected. 

CHAPTER  XVI.—  The  City  of  Baltimore. 

88.  Power  of  Mayor  and  City  Council, 

89.  Power  of  Board  of  School  Commissioners, 

90.  Mayor  and  City  Council  to  have  power  to  pass  ordinances  relating  to. 

91.  Taxes  for  support  of  schools;  how  levied. 

CHAPTER  ^N\\.—High  Schools. 

92.  When  to  be  established, 

93.  High  School  Commissioner;  appointment  of, 

94.  By  whom  to  be  visited, 

95.  Military  tactics  to  be  taught  if  practicable. 

CHAPTER  XVIII.— Schools  for  Colored  Children. 

96.  Schools  to  be  established  and  kept  open, 

97.  By  whom  to  be  directed;  subject  to  laws  governing  other  schools, 

98.  Comptroller  to  apportion  amount  for  support  of, 

99.  Taxes  paid  by  colored  people  for  school  purposes  to  be  devoted  to. 

CHAPTER  XIX. — Sources  of  Income. 

100.  State  to  levy  a  tax  for  support  of  schools, 

101.  Amount;  how  distributed, 

102.  Amount  distributable;  how  apportioned. 


Vlll  CONTENTS. 

103.  Amount  to  be  paid  quarterly, 

104.  Apportionment  of  school  fund  by  Comptroller;  how  made, 

105.  Comptroller  to  apportion  insolvencies  and  abatements,  and  transmit 

statement  to  State  Board, 

106.  Special  payment  for  Anne  Arundel  Academy. 

CHAPTER   XX. — Manual  Training  Schools. 
Miscellaneous. 

107.  Schools  near  dividing  line  free  to  both  counties, 

108.  Property   to   be   held   in    trust   by   School  Commissioners;  also  by 

County  Commissioners,  (Art.  XXV,  Sections  120,  121). 

109.  Exempt  from  taxation, 

Garrett  county  to  elect  School  Commissioners  and  Examiner. 

Free  Scholarships. 
At  St.  Mary's  Seminary, 
At  St.  John's  College, 
At  Western  Maryland  College, 
At  Maryland  Institute, 
At  Washington  College, 
At  Charlotte  Hall. 

State  Normal  School  No.   Two. 


THE 

PUBLIC  SCHOOL  LAW  OF  MARYLAND, 

AS  CONTAINED  IN  THE  MARYLAND  CODE,  PUBLIC  GENERAL 
LAWS,  EDITION  OF  1888,  AND  SUBSEQUENT  AMENDMENTS. 

PASSED  AT  THE  JANUARY  SESSION,  1872  AMENDED  AT  THE 
JANUARY  SESSION,  1874,  1884,  1886,  1888,  1890,  1892,  1894,  1896, 
AND  1898. 

CONSTITUTION    OF    1867. 

ARTICLE     VIII. 

EDUCATION. 

SECTION  i.  The  General  Assembly,  at  its  first 
session  after  the  adoption  of  this  Constitution,  shall 
by  law  establish  throughout  the  State  a  thorough 
and  efficient  system  of  Free  Public  Schools;  and  shall 
provide  by  taxation,  or  otherwise,  for  their  main- 
tenance. 

SEC.  2.  The  system  of  Public  Schools,  as  now 
constituted,  shall  remain  in  force  until  the  end  of  the 
said  first  session  of  the  General  Assembly,  and  shall 
then  expire;  except  so  far  as  adopted  or  continued  by 
the  General  Assembly. 

SEC.  3.  The  School  Fund  of  the  State  shall  be 
kept  inviolate,  and  appropriated  only  to  the  purposes 
of  Education. 

ARTICLE    LXXVII. 

PUBLIC   EDUCATION. 
1868,  ch.  407  ;  1870,  ch.  311  ;  1872,  ch.  377. 

i .    There  shall  be  throughout  the  Stare  of  Maryland     Free  Public 
a  general   system  of  Free  Public  Schools,  according 
to  the  provisions  of  this  Article. 

St.  Mary's  Industrial  School  vs.  Brown,  45  Md.,  311. 


10  PUBLIC   SCHOOL   LAW 

CHAPTER  I. — Supervision. 

1872,  ch.  377. 

state  Board.  2.  Educational  matters  affecting  the  State,  and  the 
general  care  and  supervision  of  public  education,  shall 
be  entrusted  to  a  State  Board  of  Education. 

county  Board.  3-  Educational  matters  affecting  a  county  shall  be 
under  the  control  of  a  Board  of  County  School  Com- 
missioners. 

District  Board.  4.  Educational  matters  affecting  a  school  district 
shall  be  under  the  supervision  of  a  Board  of  District 
School  Trustees. 

CHAPTER  II. — Formation  of  Boards. 

1870,  ch.  311  ;    1872,  ch   377,  sub-ch.  2,  sec.  i  ;    1874,  ch.  463  ; 
1890,  ch.  157. 

Formation  of  5-  The  Governor,  by  and  with  the  advice  and  con- 
state Board.  sent  Of  tke  $enate,  shall  appoint  at  every  regular  ses- 
sion of  the  General  Assembly,  four  persons  (one  of 
whom  shall  be  a  resident  of  the  Eastern  Shore),  who, 
together  with  the  Governor  and  the  Principal  of  the 
State  Normal  School,  shall  constitute  the  State  Board 
of  Education. 

1872,  ch..377  ;  1886,  ch.  293  ;  1888,  ch.  58  ;  1890,  ch.  268  ;  1892, 
ch.  341  ;  1898,  ch.  445- 

Formation  of  6.  Immediately  after  the  passage  of  this  Act,  the 
county  Boards  Q.overnor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  a  Board  of  County  School  Com- 
missioners for  each  county,  to  be  composed  in  the 
counties  of  Baltimore,  Carroll,  Frederick  and  Wash- 
ington of  six  persons,  and  in  each  of  the  other  coun- 
ties of  three  persons,  of  whom  one-third  in  each 
county  shall  serve  for  a  term  of  two  years,  one-third 
shall  serve  for  a  term  of  four  years,  and  one- third 
shall  serve  for  a  term  of  six  years,  from  the  first  day 
of  August  next  succeeding  their  appointment,  and 
until  their  successors  shall  qualify  ;  provided,  that 
the  present  Board  of  School  Commissioners  for  Gar- 
rett  county  shall  remain  in  office  for  the  term  for 
which  they  were  appointed  by  the  Governor,  and 


OK   MARYLAND.     I™  ^J    II 


until  their  successors  are  selected  and  qualified.  The 
member  or  members  of  each  Board  who  shall  serve 
for  two,  four  and  six  years,  respectively,  to  be  desig- 
nated by  the  Governor  at  the  time  of  making  the 
appointments,  and,  hereafter,  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  shall 
appoint  at  every  regular  session  of  the  General  As- 
sembly in  each  of  the  counties  of  Baltimore,  Carroll, 
Frederick  and  Washington  two  County  School  Com- 
missioners, and,  in  each  of  the  other  counties,  one 
County  School  Commissioner,  to  serve  for  a  term  of 
six  years  from  the  first  day  of  August  next  succeeding 
their  appointment,  so  that  one-third  of  each  Board  of 
County  School  Commissioners  shall  be  appointed 
every  two  years. 

1898,  ch.  445- 

6.  At  the  general  election   to  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November,  1899, 

the  legally  qualified  voters  in  Garrett  County  shall  Garrecount 
elect  three  school  commissioners,  one  for  the  term  of 
two  years,  one  for  the  term  of  four  years,  and  one  for 
the  term  of  six  years,  and  one  person  to  act  as  secre- 
tary, treasurer  and  examiner  of  said  board,  to  serve 
for  a  term  of  two  years,  and  shall  biennially  there- 
after elect  such  secretary,  treasurer  and  examiner,  and 
one  school  commissioner  for  said  county,  to  serve  for 
the  term  of  six  years,  which  said  three  commissioners 
shall  constitute  the  Board  of  County  School  Commis- 
sioners for  said  Garrett  County. 

1870,  ch.  311  ;  1872,  ch.  377,  sub-ch    2,  sec  3;  1874,  ch.  463; 
1892,  ch.  515  ;  1894,  ch.  378. 

7.  The  Board  of  District  School  Trustees  shall  be  District  school 
composed  of  three  persons,  who  shall  be  appointed  by     Tru8tees- 
the  County  School  Commissioners  on  the  first  day  of 

May,  or  at  their  first  meeting  thereafter,  in  each  year, 
and  who  shall  meet  within  thirty  days  after  their 
appointment,  and  enter  upon  the  duties  assigned  them 
in  Chapter  V  of  this  Article.  At  their  first  meeting 
they  shall  appoint  a  chairman,  to  hold  office  for  one 
year,  and  shall  give  notice  of  the  appointment  to  the 
Secretary  of  the  Board  of  County  School  Commis- 
sioners. 

Chapter  no.  laws  of  189.1,  provides  "That  District  School     oath  of  Dis- 
Trustees  shall  take  and  subscribe  the  oath  or  affirmation  of  :r"ffi.f 
office    prescribed    by   the    Constitution    before    the    County 


12 


PUBLIC   SCHOOL   LAW 


School    Commissioner   and    Examiner,    or   a  Justice    of   the 
Peace,  in  their  respective  counties." 


CHAPTER  III. — Duties  of  the  State  Board  of  Education. 

1872,  ch.  377- 

Meetings.  8>    The  State  Board  of  Education  shall  hold  regular 

meetings  on  the  last  Wednesday  in  May,  August, 
November  and  February  of  every  year,  and  special 
meetings  as  occasions  may  require. 

office.  9.    The  office  of  the   Board  shall  be  in  the  State 

Normal  School. 

NO  salary.  io.  The  members  of  the  Board  shall  receive  no 

salary,  but  their  actual  expenses  incurred  in  attend- 
ing meetings  of  the  Board  shall  be  paid,  and  they  are 
authorized  to  employ  clerical  assistance  when  neces- 
sary ;  the  Treasurer,  upon  the  warrant  of  the  Comp- 

pay president,  troll er,  is  hereby  authorized  to  pay  the  President  of 
the  Board  such  amount,  not  exceeding  one  thousand 
dollars  per  annum,  as  he  shall  show  to  be  due  for 
these  necessary  expenses. 


1870,  ch.  311  ;  1872,  ch.  377,  sub  ch.  3,  sec.  4;  1874,  ch.  463  ; 
1898,  ch.  221. 

ii.  The  State  Board  of  Education  shall,  to  the  best 
of  their  ability,  cause  the  provisions  of  this  Article  to 
be  carried  into  effect,  and  may,  if  necessary,  institute 
legal  proceedings  for  that  purpose,  with  the  direction 
and  advice  of  the  Attorney-General  ;  they  shall  enact 
by-laws  for  the  administration  of  the  Public  School 
System,  not  at  variance  with  this  Article,  which,  when 
enacted  and  published,  shall  have  the  force  of  law. 
Duty  of  the  They  shall  have  the  power  to  suspend  or  remove  any 
examiner  or  teacher  who  may  be  found  inefficient  in 
or  incompetent  for  the  discharge  of  duties  assigned 
him,  or  guilty  of  such  moral  delinquency  as  unfits 
him  for  the  office  he  holds  ;  they  shall  explain  the 
true  intent  and  meaning  of  the  law,  and  they  shall 
decide,  without  expense  to  the  parties  concerned,  all 
controversies  and  disputes  that  arise  under  it,  and 
their  decision  shall  be  final. 


XTNiV-tlKSri 

OF    MARYLAND. 


1872,  ch.  377. 

12.  They  shall  have  the  general   care  and  super-    Have  general 
vision  of  the  Public  School  interests  of  the  State;  shall  vfsk>n        per" 
act  as  assistants  and  advisers  of  the  various   County 

Boards;  and  shall,  from  time  to  time,  issue  circular 
letters  to  teachers  and  commissioners  on  topics  con- 
nected with  the  administration  of  Public  Schools. 

13.  In  order  to  insure  uniformity  in  the  statistical  iu  r^n^mity 
reports  of  the  Public  Schools,  they  shall  issue  a  uni- 
form series  of  blanks  for  the  use  of  teachers   and  of 

County  Boards,  and  shall  require  all  accounts  to  be 
kept  and  returns  to  be  made  according  to  these  forms. 

14.  They  shall,  when  requested  by  the   Board  of  Hxamine  can- 
County  School   Commissioners,    examine   candidates dldates- 

for  the  office  of  County  Examiner,  and  give  a  certifi- 
cate of  qualification. 

15.  They  may  grant  to  teachers  of  long  experience    Grant  certm- 
and  established    reputation   professional    certificates, cates' 
which  shall  be  valid  until  revoked  for  cause. 

1 6.  The  State  Board  of  Education  shall  be,  ex  officio    Trustees  ex 
trustees  of  the  State   Normal  School;  and  the  Prin-°mcio- 
cipal  of  the   State   Normal  School  shall  be,  ex  officio, 

a  trustee  of  the  State  Agricultural  College. 

17.  All  schools  and  colleges   receiving  any  State    TO  report  an- 
donation    shall    make    a   report    on    or     before   thenually> 
fifteenth    day  of    November    in    each    year   of    such 

matters  and  in  such  form  as  the  State  Board  of  Edu- 
cation shall  require;  and  said  reports,  or  an  abstract 
therefrom,  shall  be  published  by  the  President  of  the 
Board  in  his  annual  report. 

CHAPTER  IV .—Duties  of  the    County   School  Commis- 
sioners. 

1872,  ch.  377;  1886,  ch.  293;  1888,   ch.  58;  1890,  ch.   268;   1892, 
ch.  341. 

1 8.  The    Board   of    County  School   Commissioners 

shall  meet  for  organization   on   the  first  Tuesday  in  organization. 
August  next  succeeding  their  appointment,  or  as  soon 
thereafter  as  may  be,  and  elect  a  person  not  a  member 
of  the  Board,  who  shall  serve  as  secretary,  treasurer 


1 4  PUBLIC   SCHOOL   LAW 

and  examiner;  and  notice  of  such  election,  signed  by 
the  President  of  the  Board,  shall  be  transmitted  to 
Me|aings  *ke  Comptroller;  provided,  that  in  counties  having 
proviso.  more  than  eighty-five  schools  the  Board  may,  at  their 
discretion,  appoint  one  assistant  examiner  and  fix  his 
salary.  The  Board  shall  meet  once  in  every  school 
term,  and  at  other  times  if  necessar}%  for  the  trans- 
action of  business;  each  Commissioner  shall  receive  per 
day  for  each  day  of  his  attendance  at  the  Board,  or  on 
committees  appointed  by  the  Board,  the  sum  of  four 
dollars;  provided,  that  the  aggregate  amount  paid  in 
one  year  to  Commissioners  as  per  diem,  or  any  other 
compensation,  shall  not  exceed  an  average  of  one  hun- 
dred dollars  for  each  Commissioner. 

Shaber  vs   Cochrane,  53  Md.,  544. 

1898,  ch.  445. 
GARRETT  COUNTY  LAW. 

Garrett  coun-  1 8.  That  the  Board  of  County  School  Commission- 
meBeTdMa?ers  shall  °n  the  first  Tuesday  of  May  next  after  its 
lst-  election,  meet  at  the  county  seat  for  organization,  or 

as  soon  thereafter  as  possible.  The  Board  shall  meet 
once  in  every  school  term  and  other  times,  if  neces- 
sary, for  the  transaction  of  business;  and  each  Com- 
missioner shall  receive  the  sum  of  four  dollars  per 
diem  for  each  day  of  his  attendance  at  the  Board  or 
on  any  committees  appointed  by  the  Board,  provided 
that  the  aggregate  amount  to  any  one  Commissioner 
shall  not  exceed  the  sum  of  one  hundred  dollars  per 
annum;  and  the  said  examiner,  before  he  proceeds  to 
act  as  such,  shall  give  bond  as  now  required  by  law, 
and  the  duties  of  said  commissioners  and  examiners 
shall  be  the  same  as  are  now,  or  may  hereafter  be  pro- 
vided by  law;  and  such  examiner  shall  hereafter  be 
paid  by  the  said  Board  of  Commissioners  the  same 
salary  and  in  the  same  manner  as  are  now  being  paid 
by  the  School  Commissioners. 

1872,  ch.  377;  1892;  ch.  538. 

incorporated.  1 9-  The  Board  of  County  School  Commissioners  is 
hereby  declared  to  be  a  body  politic  and  corporate, 
by  the  name  and  style  of  the  Board  of  County  School 

Name    and  Commissioners  of  -        county,  and  by  that  name 

shall  have  perpetual  succession,  and  shall  be  capable 
to  sue  and  be  sued,  to  have  and  use  a  common  seal, 
and  the  same  at  their  pleasure  to  alter  or  break,  and 


OF   MARYLANs^CALIFO^>  1  5 


to  exercise  all  the  powers  and  privileges  hereby 
granted  to  or  vested  in  them;  and  every  County 
School  Commissioner  and  County  School  Examiner 
shall  have  power  to  take  affidavits  and  administer 
oaths  in  all  matters  pertaining  to  public  schools,  but 
without  charge  or  fee. 

O'Neil  vs.  School  Com.,  27  Md  ,  229;  School  Com.  of  Wicom- 
ico  vs.  School  Com.  of  Worcester,  35  Md.,  202;  Jones  vs. 
Keating,  55  Md.,  147. 

20.   All  the  property,  estate,  effects,  money,  funds,      property 
claims,  and  State  donations,  heretofore  vested  by  law  transferred  to- 
in  the  public  school  authorities  of   any  county,  for 
the  use  and  benefit  of  public,  primary,  free  or  high 
schools,  are  transferred  to  and  vested  in  the  Board  of 
County  School  Commissioners  and  their  successors  in 
office. 


21.  The  Board    of   County  School  Commissioners  General  super. 

J[JmSoi  "^ 


shall   have  the  general  supervision  and  control  of  all 


schools  in  their  respective  counties;  they  shall  build, 
repair  and  furnish  school-houses;  they  shall  fix  the 
salaries  of  teachers;  they  shall  purchase  and  distribute 
text-books,  and  shall  perform  such  other  duties  as 
may  be  necessary  to  secure  an  efficient  administration 
of  the  public  school  system  subject  to  the  provisions 
of  this  Article. 

See  Sec.  28. 

22.  The  State  school  tax  and  free  school  fund  are    intention  of 
primarily    intended,  under    this   Article,  to  pay  the  thls  Article- 
salaries  of  the  teachers  of  the  several  counties,  and  to 
provide  school  books  and  stationery  for  the  children 
of  the  State.     If,  however,  in  apportioning  the  said 
State  school  tax  among  the  different  counties  and  the 
city  of   Baltimore,  the  share   of   any  county  should 
prove  inadequate  for  the  purposes  aforesaid,  then  the 
County    Commissioners    of   such  county  are  hereby 
authorized,  empowered,  directed  and  required  to  levy 
and  collect  such  a  tax  upon  the  assessable  property  contingency. 
of  such  county  as  the  Board  of  County  School  Com- 
missioners shall  designate  as  sufficient  to  make  good 
the  deficiency;  provided,  said  taxes  shall  not  exceed  proviso. 
ten  cents  in  the  hundred  dollars,  unless  the  County 
Commissioners  shall  approve    and  sanction  an  addi- 
tional  tax.     The  taxes  so  levied  and  collected  shall 
be  paid  quarterly,  on  the  day  fixed  for  the  payment 


1 6  PUBLIC   SCHOOL   LAW 

of  the  State  school  tax  to  the  several  counties,  (but 
the  proceeds  from  special  taxes  may  be  paid  oftener, 
upon  the  order  of  the  Board  of  County  School  Com- 
missioners to  the  Treasurer  of  the  said  Board  of 
County  School  Commissioners,)  in  order  that  the 
schools  of  said  counties  may  be  kept  open  for  the 
time  herein  set  forth,  and  said  tax  shall  be  levied  and 
collected  as  other  taxes.  Any  sums  of  money  which 
may  have  been  specially  collected  or  levied  on  any 
election  or  school-house  district,  for  educational  pur- 
poses connected  with  these  districts,  shall  be  collected 
for  and  applied  to  the  purposes  so  intended  originally; 
and  shall  be  used  for  no  other  purpose;  and  if  said 
funds  have  been  used  otherwise  they  shall  be  returned 
and  applied  as  aforesaid. 

Board  of  County  Commissioners  of  Anne  Arundel  County  vs. 
Gantt,  73  Md.,  525. 

ASittee  to°di       2^'  ^n  a^    cases  wnere    the    county  has  not  been 

vide.  properly  divided  into  school  districts,  and  full  records 

of  the  boundaries  thereof  have  not  been  made  and  re- 
corded, the  Board  of  County  School  Commissioners 
shall  appoint  a  committee  if,  in  their  opinion,  they 
deem  it  necessary,  consisting  of  three  persons  of  intel- 
ligence and  sound  judgment,  who  shall  divide  the 
county  into  suitable  school  districts,  and  define  and 

proviso.  describe  the  boundaries  of  each;  provided,  that  no 
school  district  shall  contain  a  greater  area  than  four 
miles  square,  unless  a  part  of  it  be  located  in  a  thinly 
settled  region.  In  the  formation  of  the  school  dis- 
tricts the  committee  shall  take  into  consideration  the 
most  suitable  site  for  the  school-house,  the  general 
features  of  the  country,  and  shall  make  each  school 
district  of  such  size  and  form  as  will  best  accommo- 

TO  make  ac- date  the  population  within  its  bounds.  The  com- 
tion&of districts  niittee  shall  make  an  accurate  description  of  the 
bounds  of  the  school  districts,  accompanied  by  a  plat, 
and  shall  report  the  same  to  the  Board  of  County 
School  Commissioners,  who  shall  thereupon  give 
notice  in  all  the  newspapers  of  the  county  at  what 

May  change  time  they  will  meet  to  hear  applications  for  a  change 
les'  of  boundaries,  which  applications  shall  be  made  in 
writing  and  within  two  months  from  the  date  of  the 
first  publication  of  such  notice.  When  the  applica- 
tions shall  have  been  made  and  considered,  the  Board 
of  County  School  Commissioners  may  then  change 


OF, 

the  boundaries  of  school   districts,  and  revise  the  de-  Description  to 
scription;   or   they    may,  without   application,   make 
such  changes  as  may  be  deemed  important,  or  they 
may  ratify  and  confirm  the  report  of  the  committee. 
The  description  of  the  boundaries  of  school  districts 
shall  be  reported  in  a  book,  kept  for  that  purpose,  by 
the  Secretar}r  of  the  Board  of  County  School  Commis- 
sioners.    In   those    counties  where  no  newspaper  is 
published,  the  notice  of  application  for  a  change  of 
boundaries  shall  be  published  in  such  a  manner  as  the 
Board  of  County  School   Commissioners  may  decide. 
Whenever  it  may  be  necessary,  the  Board  of  County 
School  Commissioners  shall  employ  a  surveyor  to  aid  Employ  &  sur- 
the  committee  in  the  performance  of  such  duty,  and    veyon 
they  shall   allow  the  surveyor  such   compensation  for 
his  services  as  may  be  just  and  proper;   and  the  com- 
mittee  shall  receive   no    compensation   whatever   for 
their  services.     The  cost  of  dividing  the  county  shall    The  cost  of 
be  paid  by  the  County  School  Commissioners,  out  ofdividinff- 
the  school  fund  of  the  county.    If  a  county  has  already 
been    divided    into   school   districts,    and    it   may    be 
necessary  to   revise  the  same,  the  Board  of  County 
School  Commissioners  shall   have  full  power  to  make 
such   revision  or  alteration  as  may  be   necessary    to 
accommodate   the    population  and   increase   the   effi- 
ciency  of  the   schools.     A   full   description   of  such 
changes  and   alterations  shall  also  be  made  and   re- 
corded as  aforesaid. 


1872,  ch.  377;  1890,  ch.  324. 

24.     The    Board  of  County  School   Commissioners   Make  annual 
shall,  on  or  before  the  first  day  of  October  in  every teporti 
year,  make  a  report  to  the  State  Board  of  Education, 
in  such  form  as  may  be  prescribed  by  the  latter,  of 
the  schools  and  all  matters  affecting  the   educational 
interests  of  the  county;    they  shall  also  publish  an-  publish  state- 
nually,  in  the  month  of  November,  in  such  form  and  J^*,.  an^  ££_ 
manner  as  they  may  deem  proper,  a  statement  of  their  bursements. 
receipts  and  disbursements,  including  the   money  re- 
ceived and  expended  on  account  of  text-books,  and  a 
statement  of  the   indebtedness  of  the  Board    at   the 
close  of  the  fiscal  year,   and  forward  a  copy  to  the 
State  Board  of  Education. 


1 8  PUBLIC   SCHOOL   LAW 

1872,  ch.  377;    1886,  ch.  293;    1888.  ch    58;   1890,  ch.  268;    1892, 
ch.  341. 

vacancies,  25.  In  case  of  the  death  of  any  County  School  Corn- 
how  fined.  missioner,  or  his  "resign ation  or  removal  from  the 
county,  or  disqualification  from  any  legal  cause,  dur- 
ing the  recess  of  the  General  Assembly,  the  Governor 
shall  have  power  to  appoint  a  qualified  person  to  fill 
the  vacancy  for  the  unexpired  term.  In  case  of  ineffi- 
ciency, refusal  to  act,  or  breach  of  trust,  the  Board 
may,  by  a  vote  of  a  majority  of  its  members,  declare 
Declare  vacant  the  office  vacant,  and  give  notice  to  the  party  con- 
cerned. An  appeal  may  be  taken  to  the  State  Board 
of  Education,  whose  decision  shall  be  final,  but  if  no 
appeal  be  taken  within  ten  days,  the  vacancy  shall  be 
filled  as  hereinbefore  provided. 

1898,  ch.  445. 

Garrett  coun-  25.  That  in  case  of  the  death  of  any  County  School 
Commissioner  or  examiner  or  his  resignation  or  re- 
moval from  the  county  or  disqualification  from  any 
legal  cause,  the  Governor  may  and  shall  have  the 
power  to  appoint  a  qualified  person  or  persons  to  fill 
the  vacancy  in  the  Board  of  Commissioners;  and  said 
commissioners  shall  elect  a  qualified  person,  not  a 
member  of  the  board,  to  act  as  examiner,  and  said 
person  or  persons  appointed  or  elected  as  aforesaid  by 
the  Governor  or  Commissioners  shall  fill  such  vacancy 
until  the  next  general  election,  when  a  school  com- 
missioner or  examiner  shall  be  elected,  as  aforesaid, 
to  fill  the  unexpired  term  of  said  decedent  or  disqual- 
ified commissioner  or  examiner,  and  immediately 
upon  his  election  and  qualification,  the  said  person 
appointed  or  elected  as  aforesaid  by  the  Governor  or 
commissioners  shall  cease  to  be  one  of  the  county 
school  commissioners  or  examiner.  In  case  of  ineffi- 
ciency, refusal  to  act,  or  breach  of  trust  of  any  com- 
missioner or  examiner,  the  Board  may,  by  a  majority 
of  its  members,  declare  the  office  vacant,  and  give 
notice  to  the  person  concerned,  and  also  to  the  Gov- 
ernor, who  shall  as  aforesaid  appoint  some  qualified 
person  as  commissioner;  and  the  commissioners  shall 
elect  some  qualified  person  as  examiner,  as  aforesaid, 
to  serve  until  his  successor  shall  be  elected,  at  the 
time  and  qualified  in  the  manner  aforesaid,  for  the 
unexpired  term  of  the  person  removed  as  aforesaid; 
provided,  however,  that  the  commissioner  or  examiner 
removed  for  cause  and  in  the  manner  as  aforesaid. 


OF    MARYLAND.  ^CALiFQft*  X9 

shall  be  entitled  to  appeal  from  the  action  and  de- 
termination of  the  majority  of  the  members  of  the 
Board  aforesaid,  within  ten  days  to  the  State  Board  of 
Education,  whose  decision  shall  be  final,  and  the 
Governor  shall  make  no  appointment  nor  shall  the 
Commissioners  elect  to  fill  the  vacancy  unless  said 
State  Board  of  Education  shall  affirm  the  action  and 
determination  of  the  majority  of  the  members  of  the 
County  School  Board,  or  unless  said  appeal  shall  not 
be  taken  within  ten  clays  aforesaid. 

26.  No  teacher,  in  actual  employment  as  such,  shall    Teachers  not 
fill  the  position  of  County  School  Commissioner.          si°oners°m 

CHAPTER  V. — Duties  oj  the  District  School  Trustees. 
1870,  ch.  311;    1872,  ch.  377,  sub  ch.  5,  sec.  i;  1874,  ch.  463 

27.  The  Board  of    District  School    Trustees  shall    outies^of 
have  the  care  of  the  houses  and  land  connected  there-  frTc  t  'schc/oi 
with  intended  for  school  purposes,  also  the  furniture,  Trustees, 
apparatus  and  other  school  property;  they  shall  attend 

to  all  repairs,  and  charge  the  cost  among  the  inci- 
dental expenses  of  the  school,  to  be  paid  out  of  the 
tax  levied  upon  the  assessable  property  of  the  county, 
as  herein  provided  for;  provided,  that  when  repairs  proviso, 
are  to  be  paid  out  of  a  county  school  tax,  the  amount 
to  be  expended  for  said  repairs  shall  be  determined 
by  the  Board  of  County  School  Commissioners  before 
the  repairs  are  made.  The  Board  shall  employ  a 
teacher  or  teachers,  subject  to  confirmation  by  the 
Board  of  County  School  Commissioners,  from  among 
those  persons  who  hold  the  certificate  required  by  this 
Article.  They  shall  exercise  a  general  supervision 
over  their  respective  schools,  and  visit  them  fre- 
quently, and  shall  cause  instruction  to  be  given  for 
ten  months  in  the  year,  if  possible. 

1872,  ch.  377. 

28.  The  Board  of  District  School  Trustees,  shall  seeout-tmiidings. 
that  every  school-house  site  is  provided  with  suitable 
out-buildings. 

Chapter  524,   Laws  of    1894,   provides:     SECTION   i.     That     Commission- 
Boards  of  School  Commissioners  in  every  city  and  county  of  e  r  s     provide 
the  State  shall  provide  suitable  and  convenient  water  closets  w£ 
or  out-houses   tor  each   of   the   schools   under   their   official 


20  PUBLIC   SCHOOL   LAW 

jurisdiction,  not  less  than  two  for  each  school  or  building, 
when  both  sexes  are  in  attendance,  in  their  respective  scho 
districts,  with  separate  means  of  access  for  each;  and  unless 
placed  at  a  remote  distance,  one  from  the  other,  the  approaches 
or  walks  thereto  shall  be  separated  by  a  substantial  close 
fence;  not  less  than  seven  feet  high;  and  it  shall  be  the  duty 
of  the  said  Commissioners  to  make  provisions  for  keeping 
the  said  water  closets  or  out-houses  in  clean,  comfortable  and 
healthful  condition. 

Penalty.  SEC.  2.  Any  failure  on  the  part  of  the  said  Public  School 

Commissioners  to  comply  with  the  provisions  of  this  Act 
shall  make  them  liable  to  be  removed  from  office  by  any 
Court  of  competent  jurisdiction,  either  in  the  city  of  Balti- 
more or  in  any  county  where  the  schools  may  be  located, 
upon  complaint  made  to  the  Court,  under  oath  or  affirmation 
of  not  less  than  five  taxable  citizens  resident  in  the  said  school 

Proviso.  district  in  which  the  school  complained  of  is  located;  pro- 

vided nothing  in  this  Act  shall  affect  the  counties  of  Caroline, 
Kent,  Dorchester,  Somerset  Baltimore,  Worcester,  Howard, 
Prince  George's  and  Frederick. 

¥?*•  t(^be      20.   No   school-house  shall   be   used   for  any  other 

used  for  other  J  . 

purposes  purpose  than  public  school  purposes  and  school  dis- 
trict meetings,  unless  by  consent  of  the  Board  of 
County  School  Commissioners,  or  a  majority  of  them. 

contiguous      30.   Contiguous    portions  of   two   or   more   school- 

??Vc°tnsS °fM!iy  house  districts  may,  with  the  consent  of  the  Board  of 

combine.         County  School   Commissioners,  combine   and  form  a 

new  school-house  district;  and  when  thus  formed  the 

said  new  school-house  district  shall  be  invested  with 

all  the  rights  and  powers  hereinbefore  set  forth    as 

proviso.  pertaining  to  such   districts;   provided,  that  the  new 

school-house  district  thus  formed,  or  said  district  from 

which  it  may  be  formed,  shall  not  contain  less  than 

thirty-five  legal  resident  voters. 

1874.  ch.  463. 

Neglect  orre-  31.  In  case  of  neglect  of  duty,  or  refusal  to  act,  on 
fusaitoact.  the  part  of  the  members  of  the  Board  of  Trustees, 
their  places  shall  be  declared  vacant  by  the  Board  of 
County  School  Commissioners,  who  shall  fill  the  same 
by  new  appointments;  but  if  it  be  found  impossible  to 
secure  competent  persons  who  will  act  in  this  capacity, 
then  the  duties  of  the  Board  of  District  School  Trus- 
tees for  the  particular  district  shall  devolve  upon  the 
Board  of  County  School  Commissioners. 


OF    MARYLAND.  21 

CHAPTER  VI — School-houses  and  Sites. 
1872,  ch.  377. 

32.  It  shall  be  the  duty  of  the  Board  of  County  select  site  for 
School    Commissioners    to    select    a   suitable  school-  school-houses, 
house  site  in  each  district  whenever  the  necessities 

of  the  public  schools  demand  a  change  of  site  or  sites 
already  built  upon,  or  a  new  school-house  to  be  built. 

1870,  ch.  311;  1872,  ch.  377,  sub  ch.  6,  sec.  2;  1874,  ch.  463. 

33.  The  Board    of   County    School  Commissioners  Receive  dona- 
may  receive  donations  of  such  sites  or  locations  for  p° ?c8haM, 
school-houses,  or  of  houses  already  built  adapted  toandlease- 
school  purposes  or  suitably  located,  or  may  purchase 

the  same;  but  in  no  case  shall  any  site  be  built  upon 
or  any  house  be  occupied  until  a  good  and  sufficient 
title  shall  have  been  obtained  for  the  same  in  the  cor- 
porate name  of  the  Board  of  County  School  Commis- 
sioners. In  cases,  however,  where  the  property  owned 
by  the  Board  of  County  School  Commissioners  in  any 
school  district  proves  unsuitable  for  school  purposes, 
the  Board  is  authorized  to  sell  or  lease  the  same,  and 
to  appropriate  the  amount  obtained  by  such  sale  or 
lease  to  the  purchase  or  lease  of  a  proper  school-house 
at  a  suitable  location  for  the  said  district. 

1872,  ch.  377. 

34.  When  the  lands  shall  be  required  for  the  site  ofunabietocon- 
a  school-house,  or  for  enlarging  a  school-house  lot,  and 

the  Board  of  County  School  Commissioners  shall,  from 
any  cause, be  unable  to  contract  with  the  owner  thereof, 
the  Board  of  County  School  Commissioners  may  apply 
for  a  writ  of  ad  quod  damnum  to  the  Clerk  of  the 
Circuit  Court  for  the  county,  who  shall  forthwith 
issue  the  same,  and  the  Sheriff  shall  execute  the  said 
writ  and  return  an  inquisition  describing  the  land 
and  stating  the  amount  of  damages  to  be  paid  to  the 
owner;  and  the  judge  of  the  Circuit  Court  for  the 
county  may,  at  any  time  after  the  return  of  the  inqui- 
sition, in  term  or  during  recess,  hear  a  motion  to  con- 
firm such  inquisition,  on  such  notice  to  the  parties  as 
he  may  direct,  and  confirm  or  quash  the  same;  and, 
if  he  quashes  the  inquisition  he  shall  order  a  new  one 
forthwith  to  be  taken;  but  no  lot  so  taken  or  enlarged 


22  PUBLIC   SCHOOL    LAW 


shall  exceed,  in  the  whole,   one  acre,  including  the 
land  occupied  by  the  school  building. 

The  cost;  how  35.  In  all  cases  when  school-house  sites  are  thus 
purchased  or  condemned  the  cost  thereof  shall  be 
paid  as  other  school -house  property  is  paid  for. 

HOW  built  and      36.  Every  school-house  shall  be  built  and  furnished 
ed      according  to  plans  and  drawings  issued  from  the  office 
of  the  County  School  Commissioners. 


CHAPTER  VII.  —Schools. 

1872,  ch.  377. 

Designation.  37.  The  schools  under  the  charge  of  the  Board  of 
County  School  Commissioners  for  each  county  shall 
respectively  be  designated  school  number  one,  two, 
three,  and  so  forth,  of  their  respective  election  dis- 
tricts. 

Time  shall  be  38-  ^n  everY  school-house  district  in  each  county, 
kept  open,  established  as  hereinafter  provided,  there  shall  be 
kept  for  ten  months  in  each  year,  if  possible,  one  or 
more  schools,  according  to  population,  which  shall  be 
free  to  all  white  youths  over  six  and  under  twenty- 
one  years  of  age. 

1872,  ch.  377;  1888,  ch.  382;  1898,  ch.  221 

Branches  to  39-  In  every  district  school  there  shall  be  taught 
be  taught  orthography,  reading,  writing,  English  grammar, 
geography,  arithmetic,  history  of  the  United  States, 
good  behavior,  algebra,  book-keeping,  natural  philos- 
ophy, the  Constitution  of  the  United  States,  the  Con- 
stitution and  history  of  the  State  of  Maryland,  vocal 
music,  drawing,  physiology,  the  laws  of  health  and 
domestic  economy;  and  the  elements  of  agricultural 
science  may,  in  the  discretion  of  the  State  Board  of 
Education,  be  added  to  the  branches  required  to  be 
taught  in  the  State  Normal  School  and  in  the  public 
schools  of  the  various  counties  of  this  State.  In 
districts  where  there  is  a  considerable  German  popu- 
lation, the  Board  of  County  School  Commissioners 
are  authorized  to  cause  the  German  language  to  be 
taught,  if  they  think  proper  so  to  do. 


OF    MARYLAND. 


1886,  ch.  495. 

40.  The   nature  of  alcoholic  drinks  and  narcotics,       stimulants 
with  special    instruction  as  to  their   effects  upon  theaB 
human  system,  in   connection  with  the   several  divis- 
ions of  the  subject  of  physiology  and   hygiene,  shall 

be  included  in  the  branches  of  study  taught  in  the 
common  schools,  and  shall  be  taught  to  and  studied 
by  all  pupils  whose  capacity  will  admit  of  it,  in  all 
departments  of  the  public  schools  of  the  State,  and  in 
all  educational  institutions  supported  wholly  or  in  part 
by  money  from  the  State;  and  the  said  study  shall  be 
taught  to  and  studied  by  said  pupils  in  said  schools  as 
thoroughly  and  in  the  same  manner  as  other  like 
branches  are  there  taught  and  studied,  with  text- 
books in  the  hands  of  pupils,  where  other  like  branches 
are  thus  studied;  and  said  text-books  must  be  pub- 
lished, printed  and  sold  in  the  State  of  Maryland. 

41.  It  shall  be  the  duty  of  Boards  of  County  School    Duty  to  en- 
Commissioners,  and  of  the  Board  of  Commissioners  of fo 

Public  Schools  of  Baltimore  City,  County  Examiners, 
Superintendents  of  Public  Schools  of  Baltimore  City, 
aud  boards  of  all  educational  institutions  receiving  aid 
from  the  State,  to  enforce  the  provisions  of  the  pre- 
ceding section. 

1898,  ch.  520. 

The  State  Board  of  Education  and  the  Board  of  civil  Govern- 
Public  School  Commissioners  of  Baltimore  City  arementt 
required  to  furnish  the  public  schools  of  this  State 
with  a  text-book  upon  civil  government  in  addition 
to  the  text-books  now  furnished  them,  and  shall  be 
included  in  the  branches  of  study  now  taught  in  the 
public  schools,  and  shall  be  taught  to  and  be  studied 
by  all  pupils  whose  capacity  will  admit  of  it,  in  all 
departments  of  the  public  schools  of  this  State,  and 
in  all  educational  institutions  supported  wholly  or  in 
part  by  money  from  the  State. 

1872,  ch.  377;   1892,  ch.  538. 

42.  Whenever  a  school   numbers  more  than  forty  Assistant  may 
children  in  the  average  attendance,  an  assistant  may  be  employed, 
be  employed    by  the  Board  of  County  School  Com- 
missioners in  their   discretion;    and    for  every   addi- 

ional  forty  children  one  teacher  may  be   appointed, 


24  PUBLIC   SCHOOL   LAW 

and  the  Board  of  County  School  Commissioners  shall 
direct  the  division  of  the  pupils  so  as  to  form  a  graded 
school. 

May  grade  43.  Whenever  the  number  of  children  attending 
school  in  any  school  district  is  greater  than  one  hun- 
dred, the  Board  of  County  School  Commissioners 
may,  with  the  consent  of  the  Board  of  District  School 
Trustees,  establish  schools  of  different  grades,  or  the 
school  district  may  be  divided;  and  whenever  the  aver- 
age attendance  in  any  school  for  any  two  consecutive 
terms  is  less  than  *ten  pupils,  the  said  school  may 

May  close  be  closed  by  the  Board  of  County  School  Commis- 
sioners; provided,  that  the  Board  of  District  School 
Trustees  may  keep  the  school  open  in  part  at  the  ex- 
pense of  the  district,  and  shall  receive  their  propor- 
tion of  the  school  fund  for  said  school,  rating  a  full 
school  at  twenty  scholars. 

*Chapter  459,  Laws  of  1894,  reduces  this  number  in  Alle- 
gany  county  to  seven. 

Examinations.  44.  Public  examinations  shall  be  held  in  each  school 
twice  a  year,  of  which  due  notice  shall  be  given,  that 
parents  and  others  interested  in  education  may  attend. 

Hours  for      45.  Schools  shall  be  kept  open  each  week-day,  ex- 
teaching.         cept  Saturday,  for  six  hours;  and  the  hours  for  teach- 
ing shall  be  regulated  by  the  several  Boards  of  County 
School  Commissioners. 

penalty  for  46.  Any  person  who  shall  disturb  any  public  school 
disturbing.  jn  session,  shall,  upon  conviction  thereof  before  a 
Justice  of  the  Peace,  be  deemed  guilty  of  a  misde- 
meanor, and  shall  forfeit  and  pay  twenty  dollars,  to  be 
collected  as  other  fines,  to  be  paid  to  the  Board  of 
District  School  Trustees  for  the  benefit  of  the  school - 
house  district;  or  said  offender  shall  be  imprisoned 
not  exceeding  thirty  days,  or  both,  in  the  discretion 
of  the  Justice  of  the  Peace. 

1872,  ch.  377;  1890,  ch.  324. 

Terms.  47-  The  school  year  shall  be  divided  into  four  terms, 

which  shall  be  designated  the  fall  term,  winter  term, 
spring  term  and  summer  term;  and  the  time  of  begin- 
ning and  closing  each  term  shall  be  regulated  by  the 


OF    MARYLAND.  25 

Board  of  County  School  Commissioners;  provided,  Proviso, 
that  the  financial  reports  of  the  schools  of  the  State 
shall  be  made  up  and  rendered  to  the  thirty-first  day 
of  July,  inclusive,  of  each  and  every  year;  and  pro- 
vided further,  that  there  shall  be  no  change  in  or  en- 
croachment upon  the  holidays  and  vacations  set  forth 
and  established  in  the  following  paragraph. 

The  month  of  August  shall  be  vacation  throughout  Holidays, 
the  whole  State,  and  the  following  days  shall  be  holi- 
days, viz.:  Thanksgiving  day,  from  Christmas  eve 
to  the  first  day  of  January  inclusive,  Washington's 
birthday,  the  fourth  day  of  July,  from  Friday  before 
Easter  to  the  Monday  after  Easter  inclusive,  and  the 
Monday  of  Whitsuntide;  and  the  remaining  month  of 
vacation  shall  be  fixed  and  designated  by  the  Board 
of  County  School  Commissioners,  to  subserve  the 
convenience  and  advantage  of  their  respective  coun- 
ties. In  case  it  may  be  necessary  to  open  school  for 
a  fraction  of  a  term,  it  shall  close  at  the  end  of  the 
term,  and  all  accounts  shall  be  settled  at  the  meeting 
of  the  Board  of  County  School  Commissioners  held  at 
the  close  of  the  term. 

CHAPTER  VIII.—  Teachers. 

1872,  ch.  377. 

48.  No  person  shall  be  employed  as  a  teacher  under  Qualification* 
this  Article  unless  such  person  shall  hold  a  certificate 

of  qualification  issued  by  the  Examiner  of  the  county 
in  which  he  or  she  proposes  to  teach,  or  from  the 
Principal  of  the  State  Normal  School,  a  diploma  as 
graduate  of  said  Normal  School,  or  certificate  from  the 
State  Board  of  Education,  as  hereinbefore  provided. 

49.  Teachers  shall  be  appointed  by  the   Board  of  te££j£Jval  ot 
District  School  Trustees,  and  may  be  removed  at  any 

time  said  Board  may  think  proper,  after  thirty  days' 
notice  given  to  the  teacher  in  writing. 

1870,  ch.  311;  1872.  ch.  377,  sub-ch.  8,  sec.  3;  1874,  ch.  463. 

50.  Teachers  shall  enter  into  their  quarterly  reports  quarf«iy  e  "' 
an  accurate  account  of  the   attendance  of  pupils,  of  ports, 
text-books  used  and  branches  taught,  and  such  other 
statistics  as  may  be  required,  and  make  due  returns 


26 


PUBLIC    SCHOOL   LAW 


thereof  to  the  Board  of  County  School  Commissioners 
at  the  end  of  each  term;  and  no  teacher  shall  be  en- 
titled to  receive  payment  for  services  until  the  quar- 
terly report,  properly  rilled  up  and  completed,  be  so 
returned;  the  quarterly  reports  shall  be  filed  by  the 
Board  of  County  School  Commissioners  for  the  pur- 
pose of  making  the  annual  returns  to  the  State  Board 
of  Education. 

School  Com.  vs.  Adams,  43  Md  ,  349. 
1872,  ch.  377. 

ch^geesxamprnee      51-  The    Board    of    County  School  Commissioners 
ferred.  shall  examine  any  charge  preferred  against  the  moral 

character  of  any  teacher  within  their  county;  they 
shall  give  the  teacher  reasonable  notice  of  the  charge 
in  writing  and  an  opportunity  to  defend  himself;  and 
if  the  charge  be  sustained  they  shall  annul  the 
teacher's  certificate,  and  shall  give  notice  thereof  to 
Proviso.  the  State  Board  of  Education;  provided,  that  an  ap- 

peal shall  lie  to  the  State  Board  of  Education,  whose 
decision  shall  be  final. 

certificates.  52.  Any  person  holding  a  first-grade  teacher's  cer- 
tificate, or  the  diploma  of  a  respectable  college  or  of  a 
State  Normal  School,  who  has  been  a  teacher  for 
seven  years,  of  which  five  shall  have  been  spent  i  the 
State  of  Maryland,  may  apply  to  the  State  Board  of 
Education  for  a  life  certificate;  which,  if  granted, 
shall  exempt  him  from  any  further  examinations; 
said  certificate  may  be  annulled  by  said  Board  at  any 
time  on  account  of  immoral  or  unprofessional  conduct. 

salaries.  53.   The  salaries  of  teachers  of  each  county  shall  be 

fixed  by  the  Board  of  County  School  Commissioners. 

CHAPTER  IX.— Pupils. 

1872,  ch.  377. 

Adult  pupils.  54-  All  white  youths  between  the  ages  of  six  and 
twenty -one -years  shall  be  admitted  into  the  public 
schools  of  the  State,  the  studies  of  which  they  may 
be  able  to  pursue;  provided,  that  whenever  there  are 
graded  schools,  the  teachers  and  Board  of  District 
School  Trustees  shall  determine  to  which  school 
pupils  shall  be  admitted. 


UNIVERSITY 

OF    MARYLAND.  27 

55.  The   Board  of    District  School   Trustees  shall  suspeudpupiis 
have  power   to  suspend   and  expel   pupils   for  cause; 

provided,  that  an  appeal  shall  lie  to  the  Board  of 
County  School  Commissioners,  whose  decision  shall 
be  final. 

56.  Children  living  remote  from  the  school   of  the  Uving  remote 
district  in  which  they  reside  may  attend  school  in  an 
adjoining  district,  with  the  consent  of  the  Boards  of 

the  respective  school  districts. 

57.  Every  child,  before  being  admitted  to  any  pub-  vaccinated. 
lie  school,  shall  produce  a  certificate  from  a  regular 
physician  that  he  has  been  properly  vaccinated. 

1864,  ch.  269,  sec.  7. 

No  teacher  in  any  school  shall  receive  into  such  school  any 
person  as  a  scholar  until  such  person  shall  produce  the  cer 
tificate  of  some  regular  practicing  physician  that  such  appli- 
cant for  admission  into  the  school  has  been  duly  vaccinated. 
Any  teacher  so  offending  shall,  on  conviction  thereof,  forfeit  Penalty, 
and  pay  a  fine  of  ten  dollars  for  each  offense;  and  no  Public 
School  Trustee  or  Commissioner  shall  grant  a  permit  to  any 
child  to  enter  any  Public  School  without  such  certificate, 
under  the  same  penalty.  (Article  43,  Section  31). 

Ibid,  Sec.  8. 

All  fines  imposed  under  the  provisions  of  the   four  preced-.    Finesforuse 
ing  sections  shall  be  recovered  before  a  Justice  of  the  Peace  of  school  fund, 
in  the  same  manner  as  .small  debts  are  recoverable,  for  the 
use  of  the  school  fund  of  the  county  or  city  in  which  such 
offense  shall  occur.     (Article  43,  Section  32). 


CHAPTER  X. —  Text  Books. 

1872,  ch.  377. 

58.  School  books  shall  contain  nothing  of  a  sectar-  Not  partisan. 
ian  or  partisan  character. 

1870,  ch.   311;    1872,  ch.   377,  sub-ch,  10  sec.    2;    1874,  ch.   463; 
1896,  ch    135. 

59.  The  Board  of  Public   School  Commissioners  of  P^c0hkasse  text" 
Baltimore  City  and  each    Board    of   County   School 
Commissioners  shall  adopt  and  purchase  text-books 

for  use  in  the  Public  Schools  of  said  city  and   of  the 
several  counties  of  the  State,  as  such  new  text-books 


28  PUBLIC   SCHOOL    LAW 

are  required,  and  when  so  procured,  the  necessary 
Free  text-  text-books  shall  be  furnished  free  of  cost  for  use  in  the 
Public  Schools  of  the  State,  subject  to  the  order  of 
said  Boards,  on  or  after  the  first  day  of  August  next 
succeeding  to  the  passage  of  this  Act;  but  said  Boards 
shall  have  the  right  at  any  time  to  change  any  series 

P  o  w  e  r    to      r  5 

change     text- or    text-books   already   in   use   or  hereafter  adopted; 

provided,  that  text-books  shall  be  furnished  under  the 

supply   free  provisions  of  this  Act  to   the  several    grades   in   the 

grades.8     b y  Public  Schools  successively ,  beginning  with  the  first 

grade;  and  provided,   that  said   Boards  shall  not  be 

Amount   to  required  to  expend   during  any  school   year   for  said 

be  spent.         text-books  more  than  the  several  amounts  of  money 

received  by  said  Boards  respectively  under  the  provi- 

indigent  pu-s^ons  °^  this  Act,  and  provided  that  indigent  pupils 

piis.   '  of  all  grades  shall  receive  text-books  free  of  cost,  as 

provided  under  the  provisions  of  existing  laws;  and 

provided  the  said  respective  Boards  shall  adopt  such 

competitive  m^ans  f°r  the  purchase  of  text  books  by  competitive 

bidding  as  far  bidding  as    far  as  is    practicable   and   at   the   lowest 

as  practicable.  ..,  .  .  -ii^i  -1 

possible  price;  and  provided,  that  parents  or  pupils 
may  purchase  their  own  text-books  when  they  may 
think  proper;  and  provided  further,  that  the  several 
Report    to  Boards  of  School  Commissioners  shall  furnish  annually 
state  Board,     to  the  State  Board  of  Education  the  title,  the  name 
of  the  publisher  and  the  net  price  paid  for  each  text- 
book so  purchased,  which   information  shall   be  set 
forth  in  full  in  the  annual  report  made  by  the  State 
Board  of  Education. 

See  Civil  Government  under  Section  41. 

TO  provide  60.  The  said  several  Boards  shall  authorize  the 
b00rokSsUiDgfree  delivery  of  text-books  to  the  various  Public  Schools 
under  their  supervision  respectively,  and  shall  pro- 
vide for  the  issuing,  safe-keeping,  care  and  return  of 
the  same  under  such  rules  and  regulations  as  they 
may  severally  adopt. 

Account  of  61.  The  said  several  Boards  shall  keep  an  account 
expenses.  Qf  ajj  moneyS  expended  under  the  provisions  of 
this  Act,  and  report  the  same  in  the  annual  financial 
accounts,  as  required  bylaw;  and  no  money  so  re- 
ceived by  them  shall  ever  be  used  for  any  other  pur- 
pose than  for  the  purchase  of  school  books,  as  pro- 
vided by  the  two  preceding  sections. 


OF    MARYLAND.  2Q 

1896,  ch.    135. 

SEC.   2.     And  be  it  enacted,  That  the  sum  of  one    state  appro- 
hundred  and  fifty  thousand  dollars  be  and  the  same prii 
is  hereby  appropriated  to  be  paid  by  the  State  Treas- 
urer,   upon    the  warrant  of  the  Comptroller,   on    the 
first   day  of  August,   1896,   and   annually  thereafter, 
and  to  be   expended,  or  so  much   thereof  as  may  be 
necessary,  for  the   purpose  of  text-books,  as  provided 
in  this  Act. 

SEC.  3.  And  be  it  enacted,  That  the  whole  of  said  men^pportion- 
sum  shall  be  apportioned  by  the  Comptroller  in  the 
month  of  July  of  each  and  every  year,  as  the  State 
School  Tax  is  now  apportioned,  and  he  shall  immedi- 
ately thereafter  notify  the  Treasurer  of  the  several 
Boards  of  County  School  Commissioners  of  the  coun- 
ties and  City  of  Baltimore  of  the  amount  thus  found 
to  be  due  to  each,  and  the  same  shall  be  paid  to  the 
Treasurer  of  the  Board  of  School  Commissioners  of 
Baltimore  City,  and  the  several  counties,  upon  the 
draft  of  the  President  and  Secretary  of  the  several 
Boards  of  County  School  Commissioners  and  the  City 
of  Baltimore  aforesaid. 

SEC.  4.  And  be  it  enacted,  That  all  Acts  and  parts 
of  acts  inconsistent  with  the  provisions  of  this  Act  be 
and  the  same  are  hereby  repealed. 

CHAPTER  5d. —  County  Examiner. 

1872,  ch  377. 

62.  It  shall  be  the  duty  of  the  County  Examiner  to 
examine  candidates  for  the  profession  of  teacher,  in 
the  presence  of  at  least  one  member  of  the  Board  of 
County  School   Commissioners,  or  one  or  more  of  the 
District   Trustees,   and  to  give  such  persons    as   are 
found  qualified,  under  the  sanction  of  the  Board  at  its 
next  meeting,  a  certificate  setting  forth  the  branches 
such  persons  are  competent  to  teach ;  but  no  certificate 
shall  be  granted  without  satisfactory  evidence  of  the 
moral  character  of  the  applicant. 

1870,  ch   311;    1872,  ch.  377,    sub-ch.  n,  sec.  2;    1874,  ch.  463; 
1888,  ch.  386. 

63.  The  certificate  issued   by  each   County  Exam- Registered, 
iner  shall  be  numbered  and  registered  in  a  book  kept 


PUBLIC   SCHOOL   LAW 


Grades. 


Duration. 


Additions. 


certificates 
not  granted, 


by  the  Board  of  County  School  Commissioners,  and' 
be  delivered  to  their  successors  in  office,  and  shall  be 
denominated  first  or  second  grade,  as  the  case  may  be; 
and  the  State  Board  of  Education  shall  keep  a  book 
in  the  same  manner  as  the  County  Examiner.  Cer- 
tificates of  the  first  grade  shall  embrace  orthography, 
reading,  writing,  arithmetic,  geography,  history, 
English  grammar,  book-keeping,  algebra  and  natural 
philosophy;  and  those  of  the  second  shall  embrace 
orthography,  reading,  writing,  arithmetic,  geography, 
history  and  English  grammar;  but  the  State  Board  of 
Education  may  add  further  requirements  to  those 
indicated  for  either  grade,  whenever  the  same  may 
seem  necessary.  Such  a  certificate  shall,  however, 
not  continue  in  force  for  more  than  six  months,  unless 
the  person  receiving  the  same  shall  satisfy  the  Exam- 
iner of  his  fitness  for  governing  a  school,  and  his 
ability  to  impart  instruction  in  the  various  branches 
taught  in  the  public  schools;  but  when  the  Examiner 
shall  satisfy  himself  upon  these  points  he  shall  be  em- 
powered to  issue  a  certificate,  which  shall  continue  in 
force  for  five  years,  unless  revoked  for  cause. 

The  State  Board  of  Education  has  added  to  the  above-named 
requirements  for  the  first  grade,  general  history,  including 
the  Constitution  of  the  United  States  and  the  Constitution  of 
Maryland,  physiology,  plane  geometry,  theory  and  practice, 
of  teaching,  and  the  Laws  and  By-Laws  of  the  Public  School 
System  of  Maryland;  for  the  second  grade,  History  of  Mary- 
land and  of  the  United  States,  the  Constitution  of  Maryland 
and  the  Constitution  of  the  United  States,  physiology,  alge- 
bra to  quadratics,  geometry,  one  book  of  Wentworth  or  an 
equivalent,  theory  and  practice  of  teaching,  the  Laws  and 
the  By-Laws  of  the  Public  School  System  of  Maryland 

1872.  ch.  377;   1894   ch.  378. 

64.  No  certificate  of  qualification  as  a  teacher  shall 
be  issued  to  any  male  under  nineteen  years  of  age,  or 
to  a  female  under  eighteen  years  of  age. 


Examinations.  65.  The  County  Examiner  shall  hold  regular  exam- 
inations of  teachers  at  such  times  as  the  Board  may 
direct,  of  which  due  notice  shall  be  given  in  the 
newspapers,  or  otherwise.  No  examiner  shall  be 
allowed  to  charge  any  fees  for  the  issuing  of  certifi- 
cates to  teachers;  and  if  any  Examiner  shall  be  found 
guilty  of  charging  or  receiving  any  fee  or  reward, 
directly  or  indirectly,  for  issuing  any  certificate  to  a 
teacher,  he  shall  be  dismissed  from  office. 


OF    MARYLAND.  31 

66.  It  shall  be  the  duty  of  the  County  Examiner,  or  Duty  of  coun- 
his  assistant,  at  least  three  times  in  each  school  year,    ly  Kxammer- 
to  visit  the  schools  in  his  county,  if  it  contains  fifty 

schools  or  less,  and  twice  a  year  in  counties  having 
more  than  fifty  schools;  he  shall  observe  the  method 
of  the  teacher  and  give  him  such  practical  suggestions 
as  the  circumstances  may  prompt;  he  shall,  whenever 
possible,  attend  public  examinations,  and  report  quar- 
terly in  detail  the  result  of  his  observations  to  the 
Board  of  County  School  Commissioners. 

1872,  ch.  377. 

67.  The  Secretary  and  Treasurer  of  the  Board  of  officers  to  give 
County  School  Commissioners  shall  give  bond  to  the    bor)d' 
State  of  Maryland,  with  at  least  two  securities  to  be 
approved  by  the  said  Board,  in  such  penal  sum  as  the 

said  Board  shall  determine,  with  the  condition  that 
he  will  faithfully  perform  the  duties  of  Secretary  and  Duties  of  sec- 
Treasurer,  pay  over  and  apply  all  moneys  that  shall 
come  to  his  hands  or  care  as  Treasurer,  to  such  per- 
sons and  in  such  manner  as  said  Board  may,  under  the 
provisions  of  this  Article,  direct;  and  that  he  will  keep 
a  full  account  of  all  moneys  received  and  paid  by  him, 
and  all  matters  relating  to  the  duties  of  his  office,  and 
preserve  the  same  and  all  vouchers  relating  thereto, 
and  deliver  up  all  books  and  vouchers  relating  to  his 
office,  to  his  successor,  which  said  bond,  when  exe-  Bond  to  be 
cuted,  shall  be  filed  in  the  office  of  the  Clerk  of  thefiled- 
Court  of  the  county.  He  shall  be  present  at  every 
meeting  of  the  Board,  and  may  debate  any  question 
before  them,  but  shall  have  no  vote.  He  shall  keep 
the  minutes  and  conduct  the  correspondence,  and  shall 
duly  file  away  and  safely  keep  all  letters,  reports  and 
other  papers  pertaining  to  the  business  of  the  Board. 
He  shall  prepare  and  submit  to  the  Board  for  their 
adoption  the  annual  report  to  the  State  Board  of  Edu- 
cation. 

1890,  ch.  511 

67 A.  In  lieu  of  the  security  provided  for  in  the  othersecurity. 
last  preceding  section,  the  said  bond  may  have  the 
security  of  any  deposit  or  trust  company  or  other 
similar  company  duly  incorporated  under  the  laws 
of  this  State,  and  having  the  power  to  act  as  such 
security. 


32  PUBLIC   SCHOOL   LAW 


1872,  ch.  377. 


TO  devote      68.    The  person   or    persons    acting  as    Secretary, 

time!*          Le  Treasurer  and  Examiner,  under  the  provisions  of  this 

Article,  shall  devote  their  whole  time  to  Public  School 

business,  and  shall  receive  such  compensation  as  the 

Board  of  County  School  Commissioners  may  direct. 

Notify  the      69.  The  Examiner  of  each  county  shall,  on  or  before 
len   the  fifteenth  day  of  January  in  every  year,  notify  the 
Comptroller  how   many    months    the  schools  of  his 
county  have  been  kept  open. 

CHAPTER  XII. — State  Normal  School. 
1872,  ch   377. 

Location  of  70.  There  shall  be  located  in  the  city  of  Baltimore 
IchoeoiN°rmal  a  State  Normal  School  for  the  instruction  and  practice 
of  teachers  in  the  science  of  education,  the  art  of 
teaching  and  the  mode  of  governing  schools.  It  shall 
be  under  the  control  of  the  State  Board  of  Education, 
who  shall  appoint  a  principal  at  a  salary  of  twenty- 
five  hundred  dollars  per  annum;  the  principal  of  the 
Normal  School  shall  not  vote  upon  the  subject  of  his 
appointment  or  removal. 

See  State  Normal  School,  No.  2,  page  50 

Faculty.  71.  The  faculty  of  the  State   Normal  School  shall 

consist  of  the  principal  and  of  as  many  teachers  as 
may  be  determined  by  the  State  Board  of  Education, 
who  shall  be  appointed  by  said  Board,  and  have  such 
salaries  and  perform  such  duties  as  said  Board  may 
direct.  The  State  Board  of  Education  shall  appoint 
as  a  member  of  the  faculty  of  the  State  Normal 
School  a  gentleman  fully  qualified,  whose  chief  duty 
shall  be  to  hold  a  Teachers'  Institute  in  each  county 
of  the  State  for  five  days  in  each  year,  and  who  shall 
be  paid  such  salary  as  the  State  Board  of  Education 
may  determine.  The  said  member  of  the  faculty 
shall  carry  out  the  directions  of  the  said  Board,  and 
be  amenable  to  the  Board.  He  shall  be,  when  first 
appointed,  not  more  than  fifty  years  of  age. 

Time  shall  be      72.  The  sessions  of  the  State  Normal  School  shall 
kept  open.       be  determined    by    the    State  Board  of    Education; 
provided  that  the  school   shall    be    open  for  not  less 
than  nine  months  in  each  year. 


OF    MARYLAND.  33 

73.  Students  of  both  sexes  shall  be  admitted  to  the  students. 
State  Normal  School — females  at  the  age  of  sixteen 
years,  and  males  at  the  age  of  seventeen  years.  The 
students  shall  be  appointed  by  the  State  Board 
of  Education  among  the  several  counties  and  the 
city  of  Baltimore,  in  proportion  to  their  respective 
representation  in  the  General  Assembly  of  the  State. 
The  students  shall  be  selected  by  the  several  Boards  HOW  selected, 
of  County  School  Commissioners,  and  the  Board  of 
Commissioners  of  Public  Schools  of  the  City  of 
Baltimore,  from  among  persons  having  scholastic 
qualifications  hereinbefore  required  for  teachers; 
before  any  appointment  shall  be  made  the  applicants 
shall  procure  the  certificate  of  the  County  Examiner  TO  procure 
or  City  Superintendent  in  testimony  of  their  scholastic  ce 
proficiency,  and  shall  also  file  a  written  declaration 
that  their  object  in  obtaining  admission  is  to  qualify 
themselves  as  Public  School  teachers,  and  that  it  is 
their  intention  to  engage  in  the  profession  of  teaching 
within  the  State;  and  in  case  any  students  shall  fail 
to  fulfill  the  condition  upon  which  they  were  admitted, 
they  shall  forfeit  and  pay  thirty  dollars  for  each 
session  they  have  attended  the  Normal  School,  to  be 
collected  as  other  debts  are  collected,  and  to  be  ap- 
plied for  the  benefit  of  the  Normal  School.  If  there 
be  not  applicants  sufficient  from  any  county  or  the 
City  of  Baltimore,  then  the  State  Board  of  Education 
may  fill  all  vacancies  by  selecting  applicants  possess- 
ing the  requisite  qualifications,  from  any  other  portion 
of  the  State,  in  the  proportion  aforesaid. 

74.   In  addition  to  the  students  admitted  from  the studejj?sitional 
counties  and  the   City  of  Baltimore,  who   shall   enjoy 
all  the  privileges  of  the  school  and  be  furnished  with 
the  use  of  the  text-books  free  of  charge,  there  may 
be  admitted  in  the  proportion  of  one  to  two  of  the 
scholars  selected  by  the   Board  of  City  and   County  . 
School    Commissioners,    other    persons    having    the 
requisite   qualifications,    who   shall    pay  the   sum  of 
twenty-five    dollars  per   session,   and    purchase  their 
own  text-books,  and  be   subject    in  every  respect  to 
the  same  rules  and  regulations  as  the  other  students; 
provided,    that   the  number  of    students  sent  by  the  Proviso. 
State  shall  not  exceed  two  hundred;  and  as  long  as 
this  number  is  not  exceeded  by  the   State,  or  after  it 
shall  have  been  reached  by  the  State,  all   remaining 


34 


,   PUBLIC   SCHOOL   LAW 


Course 
study. 


Support  of. 


vacancies  may  be  filled  by  pay  scholars   to   the  full 
capacity  of  the  school. 

of  75-  The  State  Board  of  Education  shall  prescribe 
the  course  of  study,  and  supervise  the  school  in  every 
particular  not  provided  for  in  this  article;  they  shall 
make  provision  for  model  and  experimental  primary 
and  grammar  schools,  under  qualified  teachers,  in 
which  the  students  of  the  Normal  School  shall  have 
an  opportunity  to  practice  the  modes  of  instruction 
and  discipline  inculcated  in  the  Normal  School.  The 
salaries  of  the  teachers  of  the  model  and  experimental 
schools  shall  be  paid  in  part  from  the  tuition  fees  de- 
rived from  the  pupils  of  said  model  schools. 

1872   ch.  377;  1874.  ch.  463;  1898,  ch.  221. 

76.  The  annual  sum  of  twenty  thousand  dollars  is 
hereby  appropriated  for  the  support  of  the  State  Nor- 
mal School,  to  be  paid  in  quarterly  instalments  by  the 
Treasurer,  on  the  warrant  of  the  Comptroller,  to  the 
State   Board  of  Education  and  to  be  applied  to  the 
payment  of   teachers'   salaries  and  the  purchase    of 
educational  apparatus;  for  the  salary  of  the  principal 
of  the  Normal  School,  his  traveling  expenses  in  attend- 
ing meetings  of  the  Teachers'  Institute  and  superin- 
tending the  schools  throughout  the  State,  and  for  such 
assistance  as  may  be  required   in   the    State  Normal 
School    during   his   absence   on    duty;    and  for  text- 
books, fuel,  stationery,  light  and  other  incidental  ex- 
penses of  the  school. 

1872,  ch.  377. 

77.  All  donations  or  bequests  of  money  or  personal 
property,  and  all  grants   or  devises  of  lands  for  the 

1    benefit  of  the  State  Normal  School,  shall   be  held  in 
trust  by  the  State  Board  of  Education. 

Report  to  the     78.  The  State  Board  of  Education  shall,  on  or  be- 
iovemor.        fore  the  fifteenth  day  of  January  in  each  and  every 

year,  make  a  report  to  the  Governor  of  the  condition 
of  the  Schools  of  the  State;  a  statement  of  the  appor- 
tionment of  money  to  the  counties  and  the  City  of 
Baltimore  for  the  support  of  schools;  an  abstract  of 
the  reports  received  from  the  Boards  of  County  School 
Commissioners,  together  with  such  suggestions  for 
the  improvement  of  schools  and  the  advancement  of 


Donations. 


OF    MARYLAND.  ^^  35 

public  education  as  the  State  Board  of  Education  shall 
deem  expedient. 

79.  The  Governor  shall  cause  three  thousand  copies    Governor  to 
of  said  report   to  be  printed  and   distributed   to   the have  Printed- 
members  of  the  legislature  in  those   years  in  which 
there  is  no  session  of  the  Legislature. 


CHAPTER  XIII. —  Teachers'  Institute. 
1870,  ch.  311;  1872,  ch.  377,  sub-ch.  13,  sec.  i;  1874,  ch.  463. 

80.  A  Teachers'    Institute,  to  continue  five  days,    Teachers' m- 
shall  be  held  in  each   county  once  a  year,  and  the stitute- 
County  Examiner   shall  be  present,    and  shall  give 

normal  instruction  to  the  teachers  each  day. 

1872,  ch.  377. 

81.  The  principal  of  the  State  Normal  School  shall    F«  time  of 
fix  the  time  of  the  meeting  of  the   Institute,  and  it 

shall  be  the  duty  of  the  County  Examiner  to  notify 
each  teacher  of  the  time  and  place  of  meeting. 

82.  These  institutes  being  designed  as  temporary  Design  of. 
Normal  Schools,  shall  be  presided  over  by  the  Princi- 
pal or  one  of  the  Professors  of  the  State  Normal  School, 

if  he  can  be  present,  assisted  by  the  County  Examiner, 
and  any  member  of  the  Board  of  County  School  Com- 
missioners who  may  choose  to  attend. 

83.  The  President  of  the  Board   of  County  School       select  the 
Commissioners  shall  select  the  place  of  meeting. 

CHAPTER  XIV. —  Teachers'  Associations. 
1872,  ch.  377. 

84.  District,  County   and   State  Teachers'  Associa-  Teachers*  AS- 
tions  are  recommended  as  important  means  of  elevat- s 

ing  the  standard  of  public  education  by  mutual  con- 
ference, interchange  of  views  and  suggestions  as  to 
systems  of  teaching  and  discipline. 

85.  It  shall  be  the  care  of  the  County  Examiner  to  organization, 
aid  in  the  organization  of  these  associations,  to  encour- 
age attendance,  to  secure  competent  lecturers,  and  to 


36  PUBLIC   SCHOOL   LAW 

impart  such  information  as  will  encourage  teachers  in 
their  work  and  fit  them  for  the  performance  of  their 
duties. 

May  occupy     86.    These    associations  may    occupy    any    of    the 

SChOOl       build.  school_houses 

incorporation.  Chapter  323,  Laws  of  1890,  makes  the  Maryland  State 
Teachers'  Association  a  body  politic  and  corporate,  and 
provides: 

Reading  Circle  That  the  corporation  created  by  this  Act  shall  have  power  to 
organize,  manage  and  direct  a  State  Teachers'  Reading  Circle^ 
and  adopt  therefor  a  course  of  study  in  pedagogy,  general  lit- 
erature, etc.,  and  to  grant  to  such  members  as  shall  satisfac- 
torily complete  the  first  year's  course  of  study,  and  the  second 
year's  course  of  study,  and  the  third  year's  course  of  study,  a 
certificate  to  that  effect;  and  to  such  members  as  shall  satis- 
factorily complete  the  full  course  of  study,  the  association 

Degree.  may  grant"  the  honorary  degree  of  Master  of  the  Science  of 

Teaching;  and  to  teachers  of  learning,  merit  and  acknowl- 
edged professional  skill,  the  association  may  grant,  by  and 
with  the  advice  and  consent  of  the  State  Board  of  Education, 
the  honorary  degree  of  Doctor  of  Pedagogy. 

CHAPTER  XV. — District  Libraries. 
1872,  ch.  377. 

District  Ubra-  87.  For  the  further  encouragement  of  education 
district  libraries  ought  to  be  established  in  each 
school-house  district,  under  the  care  of  the  teacher, 
as  librarian.  For  this  purpose  the  sum  of  ten  dollars 
per  annum  is  ordered  to  be  paid  by  the  Board  of 
County  School  Commissioners  out  of  the  State  School 
Fund  to  any  school-house  district  as  library  money, 
as  long  as  the  people  of  the  district  raise  the  same 
amount  annually.  The  books  must  be  selected  by 
the  Board  of  District  School  Trustees. 

CHAPTER  XVI. —  The  City  of  Baltimore. 
1871,  ch.  377;  1884,  ch.  2. 

The  city  of  88.  The  Mayor  and  City  Council  of  Baltimore  shall 
>re'  have  full  power  and  authority  to  establish  in  said  city 
a  system  of  free  public  schools,  which  shall  include  a 
school  or  schools  for  manual  or  industrial  training, 
under  such  ordinances,  rules  and  regulations  as  they 
may  deem  fit  and  proper  to  enact  and  prescribe;  they 
may  delegate  supervisory  powers  and  control  to  a 


OF    MARYLAND.  37 

Board  of  School  Commissioners;  may  prescribe  rules 
for  building  school-houses,  and  locating,  establishing 
and  closing  schools,  and  may  in  general  do  every  act 
that  may  be  necessary  or  proper  in  the  premises. 

M.  &  C.  C.  of  Baltimore  vs.  Weatherby,  52  Md  ,  442. 
1872,  ch.  377. 

89.  The  Board  of  Commissioners  of  Public  Schools 
of  Baltimore  City,  or  by  whatever  name  the  body  may 
be  known  that  has  supervisory   powers  and   control 
over  the  Public  Schools  of  Baltimore  City,  shall  have 
power  to  examine,  appoint  and  remove  teachers,  pre-    power  to  ex- 
scribe  the  qualifications,  fix  the   salaries,   subject  to amTrem^ve"1* 
the  approval  of   the    Mayor  and   City   Council,  and 
select  text-books  for  the  schools  of  said  city;  provided,  proviso, 
such  text-books  shall  contain  nothing  of  a  sectarian 
or  partisan  character.     The  Board  of  Commissioners 
of  Public  Schools  of  said  city  shall  annually  make  a 
report  to  the  State  Board  of  Education  of  the  con- 
dition of  the  schools  under  their  charge,  to  include  a  ' 
statement  of  expenditures,   the  number  of  children 
taught,  and  such  other  statistical  information  as  may 
be  necessary  to  exhibit  the  operations  of  the  schools. 

go.  The  Mayor  and  City  Council  of  Baltimore  shall    Protection  of 

, .  school-houses. 

have  power  and  authority  to  make  all  ordinances 
for  the  protection  of  the  school -houses  and  property, 
and  to  punish  any  person  who  may  disturb  the  ses- 
sions of  said  public  schools. 

91.   The  said  Mayor  and  City  Council  are  hereby    TO  levy  and 
authorized  and  empowered  to  levy  and  collect  Uponc°necttaxes- 
the  assessable  property  in  said   city,  as  other  taxes 
are  levied   and  collected,   such    amount   of  taxes  as 
may  be  necessary  to  defray  all  the  expenses  incurred 
for  educational  purposes  by  tlje  said  Mayor  and  City 
Council. 

CHAPTER  XVII. — High  Schools. 

1872,  ch.  377. 
02.  It  shall   be  the  duty  of  the  Board  of  County     May  accept 

,       ..          »•.•*..  building    for 

School  Commissioners,  when  any  election  district  or  high  school, 
any    contiguous    election    districts    shall    present    a 
building  for  a  high  school  in  said  district  or  districts, 
to  the  Board  of    County  School  Commissioners,  to 


38  PUBLIC   SCHOOL   LAW 

accept  the  same  (if  in  the  judgment  of  the  Board 
there  is  any  necessity  therefor),  and  thereafter  pro- 
vide for  maintenance  of  a  high  school  in  said  district 
or  districts,  and  pay  the  salaries  of  teachers  out  of  the 
general  school  fund. 

Wiley  vs.  School  Com.,  51  Md.,  403. 

Board ofHigh  93.  If  the  high  school  be  established  by  a  dis- 
m£sioneriom~  trict  or  districts,  the  Board  of  County  School  Com- 
missioners shall  appoint  three  persons  who  shall 
constitute  a  Board  of  High  School  Commissioners, 
and  exercise  like  authority  over  said  school  as  here- 
inbefore provided  for  Boards  of  District  School 
Trustees;  but  high  schools  established  by  the  county 
shall  be  under  the  direct  control  of  the  Board  of 
County  School  Commissioners. 

visited  and  94.  Bach  high  school  shall  be  visited  and  ex- 
examined,  amined  annually  by  the  Principal  of  the  State  Nor- 
mal School,  or  a  professor  thereof;  such  high  school 
shall  also  be  visited  at  least  once  in  each  school  term 
by  the  County  Examiner,  who  shall  report  quarterly 
to  the  Board  of  County  School  Commissioners  the 
result  of  his  observations. 

Military  tac-      95.   If  practicable,  military  tactics  may  form  a  de- 
partment in  every  high  school. 

CHAPTER  XVIII. — Schools  for  Colored  Children. 
1872,  ch.  377;  1898,  ch.  409. 

colored chii-      96.   It  shall  be  the  duty  of  the  Board  of  County 
dren-  School    Commissioners    to     establish    one    or    more 

public  schools  in  each  election  district  for  all  col- 
ored youth  between  six  and  twenty  years  of  age,  to 
which  admission  shall  be  free,  and  which  shall  be 
kept  open  as  long  as  the  other  public  schools  of  the 
particular  county;  provided,  the  average  attendance 
be  not  less  than  ten  scholars  for  two  consecutive 
terms. 

1870,  ch.  311;  1872,   ch.  377,   sub-ch.   18,  sec.   2;  1874,  ch.  463. 

Trustees.  97-  Bach  colored  school  shall  be  under  the  direction 

of  a  Special  Board  of  School  Trustees,  to  be  appointed 
by  the  Board  of  County  School  Commissioners,  and 


OF   MARYLAND.  39 

shall  be  subject  to  the  same  laws  for  its  government, 
and  furnish  instruction  in  the  same  branches  as  the 
schools  for  white  children. 

1872,  ch.  377. 

98.  The   Comptroller  shall  apportion  the  sum  ap-  Appropriation 
propriated   for  the  support  of  the  colored  schools  of 

the  several  counties  and  the  city  of  Baltimore,  in  pro- 
portion to  their  respective  colored  population  between 
the  ages  of  five  and  twenty  years;  said  apportionment 
to  be  made  at  the  time  he  apportions  the  levy  for  the 
white  schools. 

99.  The  total  amount  of  taxes  paid  for  school  pur-Taxes. 
poses  by  the  colored  people  of  any  county,  or  in  the 
city  of  Baltimore,  together  with   any   donations  that 
may  be  made  for  the  purpose,  shall  also  be  devoted  to 

the  maintenance  of  the  schools  for  colored  children. 


CHAPTER  XIX. — Sources  of  Income. 

1872,  ch.  377. 

100.  A  State  tax  of  ten  cents  on  each  one  hun-  income, 
dred  dollars  of  taxable  property  throughout  the  State 
shall  be  levied  annually  for  the  support  of  free  pub- 
lic schools  and  the  Maryland  State  Normal  School, 
which  tax  shall  be  collected  at  the  same  time  and  by 
the  same  agents  as  the  general  State  levy,  and  shall 
be  paid  into  the  treasury  of  the  State,  to  be  dis- 
tributed by  the  Treasurer  to  the  Boards  of  School 
Commissioners  ot  the  City  of  Baltimore  and  the 
several  counties. 

10  r.  The  Treasurer,  on  the  warrant  of  the  Comp-  Treasurer  to 
troller,  shall  pay  to  each  of  the  counties  and  the  City  disburse- 
of  Baltimore  the  proportion  of  the  free  school  fund  to 
which  such  city  or  county  is  entitled  under  the  ap- 
portionment to  be  made  by  the  Comptroller,  as  here- 
inafter provided;  and  he  shall  pay  the  same  to  the 
Treasurer  of  the  Board  of  School  Commissioners  of 
Baltimore  City  and  the  several  counties;  and  the 
several  colleges  and  academies  shall  respectively  re- 
ceive the  donations  granted  to  them  by  any  laws  or 
resolutions  of  the  General  Assembly,  subject  to  the 
conditions  annexed  thereto. 


40  PUBLIC   SCHOOL   LAW 

comptroller  io2.  As  soon  as  the  Comptroller  shall  have  received 
from  the  City  of  Baltimore  and  the  several  counties  re- 
turns to  the  amount  of  the  State  school  tax  levied  in 
each  county  and  the  City  of  Baltimore,  he  shall  im- 
mediately thereafter  apportion  the  amount  of  the 
whole  levy  to  the  several  counties  and  the  City  of  Bal- 
timore, in  proportion  to  their  respective  population 
between  the  ages  of  five  and  twenty  years. 

Time  of.  IO^    On  the  first  day  of  January,  the  fifteenth  day 

of  March,  the  fifteenth  day  of  June,  the  first  day 
of  October,  in  each  year,  the  Comptroller  shall  ap- 
portion the  amount  of  school  tax  received  by  the 
Treasurer  among  the  several  counties  and  the  City  of 
Baltimore,  in  proportion  to  the  whole  amount  appor- 
Notify  parties  tioned  to  each  by  the  Comptroller,  and  he  shall  notify 

whoaretore-the _  state  Board  of  Education  and  the  Treasurer  of 
the  several  Boards  of  the  County  School  Commis- 
sioners of  the  counties  and  City  of  Baltimore,  of  the 
amount  of  tax  due  to  each  county  and  the  City  of 
Baltimore,  on  the  several  days  aforesaid,  and  the 
Treasurer  shall  pay  the  several  amounts  within  ten 
days  after  said  notification,  upon  the  draft  of  the 
President  and  Secretary  of  the  several  Boards  of 

proviso.  County    School    Commissioners   aforesaid;    prozided, 

also,  that  if  in  any  county  the  schools  shall  be  kept 
open  less  than  seven  and  a-half  months  of  the  year 
ending  Dece'mber  3ist,  the  Comptroller  shall  with- 
hold from  such  county  the  March  installment  of  the 
State  School  Tax. 

1898,  ch.  409. 

proviso  as  to  Neither  the  city  of  Baltimore  nor  any  county  shall 
ls'be  entitled  to  any  part  of  said  public  school  tax 
or  fund  for  white  schools,  in  which  city  or  county 
the  colored  schools  shall  not  hereafter  be  kept  open 
the  same  length  of  time  as  white  schools;  provided, 
however,  this  provision  shall  not  be  construed  to 
require  any  county  or  the  city  of  Baltimore  to  keep 
open  any  colored  school  in  which  the  average  daily 
attendance  is  less  than  ten  pupils  for  two  consecutive 
terms. 

1878,  ch.  91. 

104.  In  making  the  apportionments  required  by  the 

preceding  section,  it  shall   be  the  duty  of  the  Comp- 

shaii  equalize,  troller  to  equalize,  as  far  as  may  be  possible,  the  sums 


OF    MARYLAND.  4! 


to   be   apportioned,  so   as  to  apportion  and  distribute 

the  same  amount,   as  far  as    may   be  practicable,  on 

each   of    said   days;    and   until    otherwise    expressly 

directed  by  law,  the  Comptroller  shall  charge  to  said     &what  shall 

fund,   and  pay  therefrom,  the  annual   appropriations011 

that  have  been  or  may  hereafter  continue  to  be  made 

for  the  education  of  colored   children;    and  also  the 

appropriations  for  the  support  of  the  State   Normal 

School,  and  for  the  Colored  Normal  School,  and  the 

expenses  of  the  State  Board  of  Education. 


1872,  ch.  377. 
105.  When  the  levy  of  any  year  shall  have  been     insolvencies 

and    £ 
ments 


collected,  the  Comptroller  shall  apportion  among  theand  abate 


several  counties  and  the  City  of  Baltimore  the  amount 
allowed  on  the  levy  for  insolvencies  and  abatements, 
and  shall  transmit  a  statement  of  the  same  to  the 
State  Board  of  Education. 

1882,  ch  429. 

106.  The  Treasurer,  upon  the  warrant  of  the  Comp- 
troller, shall  annually  pay,  on  the  first  day  of  April,  to 
the  School  Commissioners  of  Anne  Arundel  county,    Anne  Arun- 
the  sum  of  four  hundred  dollars  as  an  academy  fund,  d< 
in  addition  to  the  appropriation  now  received  by  them 
for  such  purpose;    the    said  sum,  when  received  by 
said  Commissioners,   to  be  paid  to  the   Trustees   of 
"Anne  Arundel  County  Academy." 

CHAPTER  XX. — Manual  Training  Schools. 
1898,  ch   273 

SECTION  i .  Be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  it  shall  be  the  duty  of  the  Board  of 
County  School  Commissioners,  when  a  suitable  build- 
ing, or  room  or  rooms  connected  with  one  of  the 
large  graded  schools  or  high  schools,  shall  be  pro- 
vided by  the  county,  or  money  sufficient  for  the  erec- 
tion of  such  building,  or  room  or  rooms,  to  accept  the 
same  (if,  in  the  judgment  of  the  Board,  there  is  any 
necessity  therefor),  and  thereafter  to  provide  for  the 
maintenance  of  a  manual  training  school,  or  manual 
training  department,  for  said  county,  and  the  salaries 
of  teachers  and  manual  training  instructors,  out  of 


42  PUBLIC   SCHOOL   LAW 

the  general   school   fund  and  the  State  aid  hereinafter 
provided. 

SEC.  2.  And  be  it  enacted,  That  whenever  a  manual 
training  school,  or  manual  training  department,  is 
opened  in  any  .count)',  the  President  and  Secretary  of 
the  Board  of  County  School  Commissioners  of  said 
county  shall  report  to  the  Secretary  of  the  State 
Board  of  Education,  and  the  State  Board  of  Educa- 
tion shall  without  delay  proceed  to  appoint  the  Prin- 
cipal of  the  State  Normal  School,  or  one  of  the 
teachers  in  said  school,  well  qualified  for  such  ser- 
vice, to  visit  the  school  and  give  a  certificate  of 
approval  of  its  condition  and  the  plan  upon  which 
it  is  conducted;  and  thereafter  the  President  and 
'Secretary  of  the  Board  of  Count}7  School  Commis- 
sioners shall  report  to  the  Comptroller  the  condition 
of  the  school,  the  number  of  instructors,  and  the 
number  of  pupils  enrolled,  on  or  before  the  twentieth 
day  of  August  in  each  year. 

SEC.  3.  And  be  it  enacted,  That  the  Comptroller  of 
the  Treasury,  after  receiving  the  certificate  of  ap- 
proval concerning  the  county  manual  training  school, 
or  manual  training  department,  according  to  the  pro- 
visions of  the  second  section  of  this  Act,  is  hereby 
authorized  and  directed  to  issue  his  warrant  upon  the 
Treasurer  of  the  State  for  the  sum  of  fifteen  hundred 
dollars,  payable  to  the  order  of  the  Treasurer  of  the 
Board  of  County  School  Commissioners  of  the  county 
filing  the  certificate  of  approval  aforesaid,  out  of  an}^ 
moneys  in  the  State  Treasury  not  otherwise  appro- 
priated, on  the  first  day  of  October  in  each  year,  for 
the  support  of  said  manual  training  school,  or  ma  ua 
training  department. 

SEC.  4.  And  be  it  enacted,  That  the  county  manual 
training  school,  or  the  manual  training  department, 
and  the  school  to  which  it  is  attached,  shall  be  under 
the  management  and  control  of  the  Board  of  County 
School  Commissioners. 

SEC.  5.  And  be  it  enacted,  That  it  shall  be  the  duty 
of  the  Board  of  County  School  Commissioners  of 
each  county  in  this  State,  whenever  a  suitable  build- 
ing, or  room  or  rooms  connected  with  one  of  the 
colored  schools  of  said  county  shall  be  provided  by 


OF    MARYLAND.  43 

the  county  to  accept  the  same,  if  in  the  judgment  of 
said  Board  there  is  any  necessity  therefor,  and  there- 
after to  provide  for  the  maintenance  of  such  number 
of  separate  colored  industrial  schools  as  in  their  judg- 
ment may  be  needed,  and  the  salaries  of  such  teachers 
as  may  be  required  for  the  purpose  shall  be  paid  out 
of  the  general  school  fund  and  the  State  aid  herein- 
after provided. 

SEC.  6.  And  be  it  enacted,  That  whenever  any  such 
separate  colored  industrial  school  or  schools  are 
opened  in  any  county,  the  President  and  the  Secre- 
tary of  the  Board  of  County  School  Commissioners 
of  said  county  shall  report  the  fact  to  the  Secretary 
of  the  State  Board  of  Education,  and  the  State  Board 
of  Education  shall  without  delay  proceed  to  appoint  a 
proper  person  well  qualified  for  such  service,  to  visit 
the  said  school  or  schools  and  give  a  certificate  of 
approval  of  its  condition  and  the  plan  upon  which  it 
is  conducted,  and  thereafter  the  President  and  Secre- 
tary of  said  Board  shall  report  to  the  Comptroller  of 
this  State  the  condition  of  said  schools,  the  number 
of  instructors,  and  the  number  of  pupils  enrolled 
during  school  year  last  ended,  on  or  before  the  twen- 
tieth day  of  August  in  each  year. 

SEC.  7.  And  be  it  enacted,  That  the  Comptroller  of 
the  Treasury,  upon  receiving  the  certificate  of  ap- 
proval concerning  the  county  industrial  school  or 
schools  as  aforesaid,  according  to  the  sixth  section  of 
this  Act,  is  hereby  authorized  and  directed  to  issue 
his  warrant  upon  the  Treasurer  of  the  State  for  the 
sum  of  fifteen  hundred  dollars,  payable  to  the  order 
of  the  Treasurer  of  the  Board  of  County  School  Com- 
missioners of  the  county,  upon  the  filing  of  the  cer- 
tificate of  approval  aforesaid,  out  of  any  moneys  in 
the  State  Treasury  not  otherwise  appropriated,  on  the 
first  day  of  October  in  each  year,  for  the  support  of 
said  colored  industrial  school  or  schools,  and  there- 
after the  said  industrial  school  or  schools  shall  be 
under  the  management  and  control  of  the  said  Board 
of  County  School  Commissioners. 

SEC.  8.  And  be  it  enacted,  That  no  entire  appropria- 
tion for  the  benefit  of  any  Manual  Training  School, 
provided  for  under  this  Act,  shall  be  paid  as  author- 
ized, after  the  first  annual  appropriation,  unless  said 


44  PUBLIC   SCHOOL    LAW 

school  shall  have  an  average  daily  attendance  of  thirty 
scholars  for  the  preceding  year;  and  in  case  said 
attendance  shall  fall  short  of  said  number,  then  there 
shall  only  be  paid  towards  the  maintenance  of  said 
school  at  the  rate  of  fifty  ($50.00)  dollars  for  each 
scholar  for  its  daily  average  annual  attendance,  to  be 
determined  by  the  report  hereinbefore  required  to  be 
made  to  the  Comptroller. 

SEC.  9.  And  be  it  enacted,  That  no  appropriation  for 
the  benefit  of  the  Colored  Industrial  Schools  of  any 
county,  previded  for  under  this  Act,  shall  be  paid, 
after  the  first  annual  appropriation,  unless  the  average 
daily  attendance  at  such  school  or  schools,  shall  have 
been,  for  the  preceding  year,  at  least  thirty  scholars; 
and  in  case  said  attendance  shall  fall  short  of  said 
number,  then  there  shall  be  paid  to  the  Treasurer  of 
the  Board  of  County  School  Commissioners  maintain- 
ing said  school  or  schools,  only  at  the  rate  of  fifty 
($50.00)  dollars  a  scholar,  for  the  daily  average  attend- 
ance at  the  same,  to  be  determined  by  the  report  here- 
inbefore required  to  be  made  to  the  Comptroller. 

Miscellaneous. 
1872  ch.  377. 

107.  Schools  on  or  near  the  dividing   line  of  two 
Free  to  each  counties  shall    be  free  to  the  children  of  each  county; 

county.  an(j  ^g  Board  of  County  School    Commissioners  of 

the  respective  counties  shall  have  power  to  provide 
jointly  for  the  maintenance  of  said  schools. 

108.  Real  and   personal   estate  granted,   conveyed, 
devised  or  bequeathed   for  the  use  of  any  particular 

Held  in  trust,  county  or  school  district,  shall  be  held  in  trust  by  the 

Board  of  County  School  Commissioners  for  the  benefit 

of  such  county  or  school  district,  and  such  grants  and 

•  bequests  shall   be  exempt  from  all  State  and  county 

taxes. 

Chapter  41,  Laws  of  1894,  provides:  SECTION  120.  That  the 
County  Commissioners  of  each  county  in  this  State,  in  their 
capacity  of  corporations,  shall  be  and  are  hereby  invested 
with  full  power  to  receive  in  trust,  and  to  hold  and  control, 
for  the  purpose  of  such  trusts,  all  money  or  other  property  of 
whatsover  description  which  may  hereafter  be  bestowed 
upon  such  corporations  by  will,  deed  or  in  any  other  form  of 


OF   MARYLAND.  45 

gift  or  conveyance,  in  trust  for  purpose  of  education,  and  to 
provide,  by  resolution  or  otherwise,  for  the  execution  of  said 
trusts  in  the  mode  prescribed  by  the  will,  deed  or  other  in- 
strument creating  the  same. 

SEC.  121.  That  the  State's  Attorneys  for  the  several  coun- 
ties be  and  they  hereby  are  charged  with  the  duty  of  seeing 
that  such  trusts  are  carried  into  effect  in  their  respective 
counties;  and  in  case  of  any  neglect  on  the  part  of  the  County 
Commissioners,  it  shall  be  the  duty  of  the  State's  Attorney  in 
the  county  in  which  such  neglect  occurs  to  cause  proper  pro- 
ceedings to  be  instituted  in  the  Circuit  Court  for  said  county 
to  compel  the  execution  of  the  said  trust. 

109.   Moneys  invested  in  trust  for  the  benefit  of  the   Exempt  from, 
Public  Schools  of  any  county  or  city,  shall  be  exempt taxat10*' 
from    State,    county    or    local  tax. 


46  PUBLIC    SCHOOL    LAW 


FREE  SCHOLARSHIPS. 

ST.  MARY'S  FEMALE  SEMINARY,  ST.  MARY'S  CITY, 

ST.  MARY'S  COUNTY. 
1868,  ch.  193;  1896,  ch.  61;  1898,  ch.  379. 

One  scholar  shall  be  taken  from  each  of  the  counties  and  each 
of  the  three  legislative  districts  of  Baltimore  city,  and  shall  be 
selected  by  the  e*xaminer  and  Boards  of  County  School  Com- 
missioners of  the  respective  counties,  and  the  Board  of  Commis- 
sioners of  Public  Schools  in  Baltimore  city,  for  the  three  legisla- 
tive districts  of  said  city  respectively,  without  recourse  to  a 
competitive  examination,  so  that  the  most  worthy  and  charitable 
may  be  selected  ;  each  pupil  as  selected  to  remain  for  the  space 
of  three  years,  if  not  dismissed  by  the  Trustees. 

ST.  JOHN'S  COLLEGE,  ANNAPOLIS. 

1878,  ch.  315. 

One  scholar  from  each  senatorial  district  of  the  State  shall  be 
educated  free  of  charge  for  tuition,  board,  fuel,  lights  and  wash- 
ing, and  shall  be  appointed  by  the  Board  of  School  Commission- 
ers of  the  several  counties  and  City  of  Baltimore,  by  and  with 
the  advice  and  consent  of  the  senator  in  their  respective  counties 
and  senatorial  districts,  after  a  competitive  examination  of  the 
candidates  for  such  appointments,  who  shall  produce  before  the 
said  commissioners  satisfactory  evidence  of  their  moral  character, 
and  of  their  inability  or  the  inability  of  their  parents  or  guar- 
dians to  pay  the  regular  college  charges  ;  provided,  that  no  one 
of  the  said  appointments  shall  be  held  by  the  same  student  for 
more  than  four  years,  unless  the  time  of  holding  such  appoint- 
ment be  extended  by  the  faculty  of  the  college,  and  that  each 
student  receiving  such  appointment  shall  pledge  himself  upon 
entering  the  college  that  he  will  continue  a  student  thereof  for 
the  full  term  of  four  years,  unless  prevented  by  unavoidable 
necessity,  and  that  he  will  teach  school  within  the  State  for  not 
less  than  two  years,  immediately  after  leaving  college,  or  as  soon 
thereafter  as  may,be  practicable. 

WESTERN  MARYLAND  COLLEGE,  WESTMINSTER. 

1878,  ch.  239;  1898,  ch.  106. 

One  male  student  from  each  senatorial  district  of  the  State 
shall  be  educated  free  of  charge  for  tuition,  board,  fuel,  lights, 


'MX 

"UNIVERSITY 


OF   MARYLAND.  47 

and  washing,  and  shall  be  appointed  by  the  School  Commis- 
sioners in  said  senatorial  district,  by  and  with  the  advice  and 
onsent  of  the  senator  in  their  respective  senatorial  districts, 
after  a  competitive  examination  of  the  candidates;  provided, 
that  the  said  appointment  shall  not  be  heldby  the  same  student 
for  more  than  four  years,  and  that  each  student  receivingsuch 
appointment  shall  give  his  bond  to  the  State  of  Maryland  for 
such  amount  with  such  security  as  may  be  approved  of  by  the 
president  of  said  college,  that  he  will  teach  school  within  this 
State  for  not  less  than  two  years  after  leaving  college. 

1898,  ch.  106. 

One  female  student  from  each  senatorial  district  of  this  State 
shall  be  educated  free  of  charge  for  board  and  tuition,  and 
shall  be  appointed  by  the  School  Commissioners  in  said  sena- 
torial district,  by  and  with  the  advice  and  consent  of  the 
senator  in  their  respective  senatorial  districts,  after  a  competitive 
examination  of  the  candidates;  provided,  that  the  said  appoint- 
ment shall  not  be  held  by  the  same  student  for  more  than  four 
years,  and  that  each  student  receiving  such  appointment  shall 
give  bond  to  the  State  of  Maryland  for  such  amount  with  such 
security  as  may  be  approved  by  the  president  of  said  college, 
that  she  will  teach  school  within  the  State  for  not  less  than  two 
years  after  leaving  college. 

MARYLAND  INSTITUTE,  BALTIMORE  CITY. 

One  free  scholar  shall  be  received  from  each  county  of  the 
State  and  one  from  each  legislative  district  of  Baltimore  city,  to 
be  selected  by  the  School  Commissioners  of  the  counties  and 
Baltimore  city  respectively. 

WASHINGTON  COLLEGE. 

1896,  ch.  63. 

The  Visitors  and  Governors  of  Washington  College,  in  the 
State  of  Maryland,  shall  have  full  power  and  authority  to  estab- 
lish in  said  college  or  seminary  of  learning  a  department  of  ped- 
agogy for  the  instruction  and  practice  of  teachers  in  the  science 
of  education,  the  art  of  teaching  and  the  mode  of  governing 
schools,  to  which  department  students  of  both  sexes  shall  be 
admitted. 

The  Visitors  and  Governors  of  Washington  College  may 
prescribe  such  a  course  of  instruction,  to  be  completed  in  not 


48  PUBLIC  SCHOOL   LAW 


less  than  three  scholastic  years,  as  the  principal,  vice-principal 
and  professors  of  Washington  College,  in  the  State  of  Maryland, 
shall  deem  necessary  for  carrying  into  effect  the  true  intent  and 
meaning  of  this  Act — the  education  of  competent  teachers  for 
the  State  of  Maryland. 

The  Visitors  and  Governors  of  Washington  College  may,  in 
their  discretion  and  in  accordance  with  the  provisions  of  Sec- 
tions ii  and  12  of  the  original  Act  of  Incorporation,  of  which 
this  Act  is  intended  to  be  a  supplement,  authorize  the  issuing 
to  the  graduates  of  this  department  who  may  have  satisfactorily 
completed  the  prescribed  course  and  who  have  attained  the  age 
which  now  is,  or  may  be  hereafter  prescribed  for  teachers  under 
the  Public  School  Law  of  Maryland,  a  certificate  authorizing 
the  said  graduate  to  teach  for  two  years  from  the  date  thereof, 
in  any  of  the  public  schools  of  the  State  established  under  the 
authority  of  the  Public  School  Law  of  Maryland;  and  at  the 
expiration  of  two  years,  upon  the  recommendation  of  any  public 
school  examiner  under  whose  supervision  the  graduate  may 
have  taught  for  eight  months,  to  grant  a  permanent  diploma 
authorizing  the  recipient  to  teach  in  the  public  schools  of  the 
State,  the  said  diploma  to  be  subject  to  revocation,  in  the 
discretion  of  the  said  Visitors  and  Governors  of  Washington 
College. 

1896,  ch.  188. 

The  Visitors  and  Governors  of  this  college  shall  supply  free 
tuition  and  books  in  the  normal  department  to  one  indigent 
female  student  from  each  county  of  the  Eastern  Shore  of  Mary- 
land, and  such  student  shall  present  a  certificate  of  appoint- 
ment from  the  Board  of  County  School  Commissioners  of  the 
county  from  which  she  comes,  and  that  she  is  a  graduate  of  a 
public  school,  and  that  she  enters  the  college  for  the  purpose 
of  qualifying  herself  for  a  teacher  in  the  public  schools,  and 
that  she  intends  to  engage  in  teaching  within  this  State;  and 
she  shall  sign  an  agreement  to  pay  said  college  the  sum  of 
twenty-five  dollars  for  each  session  she  attends  the  normal 
department  of  said  college,  should  she  fail  to  teach  in  the 
public  schools  of  this  State  after  having  received  a  Normal 
School  Education  at  said  college. 

Any  female  graduate  of  any  public  school  on  the  Eastern 
Shore  of  Maryland  shall  have  the  privilege  of  competing  for 
appointment  to  said  scholarship  by  filing  her  written  applica- 
tion to  the  Board  of  County  School  Commissioners  for  such 
appointment,  together  with  a  certificate  that  she  is  a  graduate 


OF    MARYLAND.  49 

of  a  public  school  of  that  county,  and  that  she  desires  such 
scholarship  for  the  purpose  of  qualifying  herself  for  a  teacher 
in  the  public  schools,  and  her  intention  to  engage  in  the  pro- 
fession of  teaching  within  this  State  ;  and  in  case  any  such 
scholar  should,  after  having  received  such  Normal  School 
Kducation,  fail  to  fulfill  the  conditions  upon  which  she  was 
admitted,  she  shall  forfeit  and  pay  the  sum  of  twenty-five 
dollars  for  each  session  she  attended  the  normal  department 
of  said  college,  to  be  collected  as  other  debts  are  collected,  and 
to  be  applied  for  the  benefit  of  the  normal  department  of  said 
college. 

189^,  ch.  293. 

That  the  Visitors  and  Governors  of  Washington  College  are 
authorized  and  directed  to  supply  free  tuition  and  free  books  to 
one  male  or  female  student  from  each  and  every  county  on  the 
Western  Shore  of  the  State  of  Maryland,  either  in  the  Norinal  or 
Collegiate  Department  of  said  college. 

Students  wishing  to  secure  the  benefit  of  this  Act  shall  file  a 
written  application  for  such  scholarship  with  the  Board  of 
County  School  Commissioners  of  which  county  he  is  a  resident, 
together  with  a  certificate  of  his  or  her  good  physical  health  and 
good  moral  character.  And  said  Board  of  County  School  Com- 
missioners shall  cause  all  such  applicants  to  be  examined  on 
such  subjects  or  studies  as  the  Principal  of  Washington  College 
may  suggest,  and  shall  make  the  appointment  after  such  com- 
petitive examination  is  held,  and  shall  certify  such  appointment 
to  the  principal  of  said  college  in  writing. 

CHARLOTTE  HALL  SCHOOL. 

1898,  ch.  321. 

Charlotte  Hall  School  shall  receive  and  give  board  and  tuition, 
free  of  charge,  to  at  least  one  student  from  each  legislative  dis- 
trict of  the  State  during  each  scholastic  year  after  the  first  day 
of  September,  in  the  year  1898,  all  such  students  to  be  received 
subject  to  the  rules  and  regulations  of  said  school,  and  subject 
to  dismissal  therefrom  for  cause,  in  the  discretion  of  the  Board 
of  Trustees  thereof. 

On  or  before  the  first  day  of  September,  in  the  year  1898,  the 
several  Boards  of  County  School  Commissioners  shall  each  select 
one  student  from  their  respective  counties,  and  the  Board  of 
Commissioners  of  Public  Schools  of  the  City  of  Baltimore  shall 


5O  PUBLIC    SCHOOL    LAW    OF    MARYLAND. 

i 

select  one  student  from  each  legislative  district  of  Baltimore 
City,  all  such  selections  to  be  made  by  competitive  examinations 
from  among  the  youths  who  reside  in  the  legislative  districts  for 
which  they  are  respectively  chosen,  and  who  are  or  have  been 
students  in  the  public  schools  of  such  district,  and  the  students 
so  selected  shall  be  entitled  to  the  scholarships  above  provided 
for  in  Charlotte  Hall  School  for  terms  of  three  years;  and  when 
the  terms  of  such  appointee,  or  any  of  them,  have  expired,  or 
for  any  cause  a  vacancy  occurs,  or  vacancies  occur  in  said 
scholarships,  said  respective  Boards  shall  in  like  manner  and 
from  like  classes  choose  other  students  to  fill  such  vacancy  or 
vacancies. 

STATE  NORMAL  SCHOOL,  No.  2. 

In  the  appropriation  bill  for  1899,  there  appears  the  following 
appropriation  "for  the  erection  of  a  building  at  Frostburg,  Alle- 
gany  County,  to  be  known  as  State  Normal,  No.  2,  the  sum  of 
twenty  thousand  dollars,  and  for  the  support  of  said  school  when 
established,  five  thousand  dollars  annually,  provided  that  the 
people  of  the  town  of  Frostburg  furnish  the  ground  for  the  site 
of  said  building  and  deed  the  same  to  the  State;  provided  that 
none  of  the  appropriations  to  colleges,  academies  and  schools 
shall  be  paid  to  any  of  said  institutions,  except  to  such  as  shall 
have  made  a  full  report  as  required  by  Section  17,  of  Article 
LXXVII,  of  the  Code  of  Public  General  Laws." 


CHAPTER  29. 

AN  ACT  to  repeal  and  re-enact,  with  amendments, 
Section  six  of  Article  77  of  the  Code  of  Public 
General  Laws,  title  "Public  Education,"  sub-title 
"Formation  of  Boards." 

SECTION  i .   Be  it  enacted  by  the  General  Assembly  of    Repeal  and 
Maryland,  That  Section  six  of  Article  77  of  the  Code  re  enactment, 
of  Public   General    Laws,  title   "Public  Education," 
sub-title   "Formation  of  Boards,"  be  and  the  same  is 
hereby  repealed  so  as  to  read  as  follows: 

6.  The  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  if  in  session,  and  without  said  Appointment 
advice  and  consent  when  not  in  session,  shall  appoint  schoo°ucom- 
a  Board  of  County  School  Commissioners  for  each 
county  in  this  State,  to  be  composed  in  the  Counties 
of  Baltimore,  Carroll,  Frederick,  Dorchester  and 
Washington,  of  six  persons,  and  in  each  of  the  other 
counties  of  three  persons,  two  of  whom  in  the  Counties 
of  Baltimore,  Carroll,  Frederick,  Dorchester  and  Wash- 
ington, and  one  of  whom  in  each  of  the  other  counties 
shall  hold  their  office  for  the  term  of  two  years;  two  of 
whom  in  the  Counties  of  Baltimore,  Carroll,  Frederick, 
Dorchester  and  Washington,  and  one  in  each  of  the 
other  counties  shall  hold  their  office  for  the  term  of 
four  years;  and  two  of  whom  in  the  Counties  of  Balti- 
more, Carroll,  Frederick,  Dorchester  and  Washington, 
and  one  of  whom  in  each  of  the  other  counties,  shall 
hold  their  office  for  the  term  of  six  years  from  the 
first  Monday  of  May  next  succeeding  their  appoint- 
ment and  until  their  successors  shall  qualify.  The 
Governor  shall,  at  the  time  of  making  said  appoint- 
ments, designate  the  terms  of  years  of  each  of  the 
said  commissioners  when  first  appointed  under  this 
Act.  The  term  of  office  of  the  said  commissioners 
after  the  expiration  of  the  term  for  which  first 
appointed  shall  be  a  term  of  six  years;  said  persons 
shall  be  men  of  high  character,  integrity  and  capacity. 
Two  of  said  appointees  for  the  Counties  of  Baltimore, 
Carroll,  Frederick,  Dorchester  and  Washington  and 
one  of  said  appointees  for  each  of  the  other  counties 
shall  be  selected  and  appointed  by  the  Governor  from 
the  political  party  which  at  the  last  preceding  election 
for  Governor  cast  next  to  the  highest  number  of  votes 


52  PUBLIC   SCHOOL   LAW 

in  the  State,  so  that  said  minority  party  shall  always 
have  proper  representation  upon  each  of  said  boards. 
HOW  removed.  Trig  Governor  may  remove  for  incompetency,  neglect 
of  duty,  or  misconduct  any  person  so  appointed  by 
him  as  Commissioner  of  Public  Schools,  after  giving 
due  notice  to  such  person  of  the  charges  made  against 
him,  and  a  reasonable  opportunity  to  be  heard  in  his 
own  defense.  In  case  of  vacancy  by  death,  removal 
from  the  county,  removal  from  office  by  the  Governor, 
resignation,  or  disqualification  from  any  cause,  the 
Governor  shall  fill  such  vacancy  with  an  appointee 
from  the  same  political  party  as  that  of  the  person 
whose  position  shall  have  become  vacated. 

SEC.  2.  And  be  it  enacted,  That  this  Act  shall  take 
effect  from  the  date  of  its  passage. 

Approved  March  i,  1900. 


CHAPTER    389. 

AN  ACT  to  repeal  and  re-enact  with  amendments, 
Section  nineteen,  of  Article  77,  of  the  Code  of 
Public  General  Laws,  title  "Public  Education." 

SECTION  i.   Be  it  enacted  by  the  General  Assembly 
Repeal  and    °f  Maryland,  That  Section  nineteen  of  Article  77,  of 
re  enactment,  the  Code  of  Public  General  Laws,  title  "Public  Edu- 
cation," be  and  the  same  is  hereby  repealed  and  re- 
enacted  with  amendments  so  as  to  read  as  follows: 

19.     The   Board  of  County  School  Commissioners 
school       *s  nereby  declared  to  be  a  body  politic  and  corporate 
commissio'rsby  the  name  and  style  of  the  Board  of  County  School 
tic'  Commissioners   of  -  -   County,    and   by  that 

name   shall     have    perpetual    succession,     and    shall 
be   capable   to  sue   and  be  sued,   to  use  and  -have  a 
common  seal  and  the  same  at  their  pleasure  to  alter 
or  break,  and  to  exercise  all  the  powers  and  privileges 
hereby  granted  to  or  vested  in  them;  and  every  County 
who  may     School  Commissioner  and  County  School  Examiners 
adoathster    anc*    assistant   examiners    shall    have   power  to  take 
affidavits  and  administer  oaths  in  all  matters  pertain- 
ing to  public  schools,  but  without  charge  or  fee. 

SEC.  2.  And  be  it  enacted,  That  this  Act  shall  take 
effect  from  the  date  of  its  passage. 


OF   MARYLAND. 


53 


CHAPTER  428. 

AN  ACT  to  add  certain  additional  sections  to  Article 
77  of  the  Code  of  the  Public  General  Laws,  to  come 
in  after  Section  seventeen,  to  be  know  as  Sections 
1  7  A,  176  and  i7C,  and  to  repeal  and  re-enact  with 
amendments  Section  seventy-one  of  said  article. 

SECTION  i.   Be  it  enacted  by  the  General  Assembly 
of  Maryland,  That  certain  additional  sections  be  and  New  sections 
they   are  hereby  added  to   Article  77  of  the  Code  of 
Public    General    Laws   of    Maryland,    title     "Public 
Education,"  providing  for  a  Superintendent  of  Public 
Education,   and    determining  his  duties,   to  come  in 
after  Section  seventeen,  and  be  known  as  Sections  17  A,    Repeal  and 
i7B  and  I7C,  respectively,  and  to  repeal  and  re-enact  reenactment 
with  amendments,  Section  seventy-one  of  said  article 
so  as  to  read  as  follows: 

1  7  A.  That  the  Governor,  by  and  with  the  advice  Appointment 
and  consent  of  the  Senate,  shall  appoint  a  competent  tendentf 
person  as  Superintendent  of  Public  Education  for  the 
State  of  Maryland,  who  shall  serve  for  a  term  of  four 
years,  beginning  on  the  first  Monday  in  May  next 
ensuing  his  appointment,  and  until  his  successor  has 
been  appointed  and  qualified  according  to  law;  pro- 
vided that  the  Governor  at  any  time  may  remove 
such  person  from  office  for  misconduct  or  inefficiency, 
upon  submitting  his  reasons  for  such  removal  in  writ- 
ing  to  such  person,  and  provided  further,  that  such 
removal  be  approved  and  ratified  by  two-thirds  of  the 
members  of  the  State  Board  of  Education. 

176.  That  said  Superintendent  of  Public  Education 
shall  receive  a  salary  from  said  appropriation  for 
public  schools,  the  amount  of  which  salary  shall  be 
fixed  by  the  Board  of  Education,  provided  it  shall  not 
exceed  the  sum  of  three  thousand  dollars  per  annum, 
in  addition  to  an  allowance  of  five  hundred  dollars 
per  annum  for  travelling  expenses;  and  the  said  Super- 
intendent  shall  further  be  provided  with  a  clerk,  who 
shall  also  act  as  clerk  to  the  Board  of  Education,  and 
who  shall  be  paid  a  reasonable  salary,  to  be  fixed  by 
said  board,  out  of  its  allowance  for  contingent  or  ent's  office. 
necessary  expenses;  provided,  further,  that  the  office 
of  said  Board  in  the  State  Normal  School  shall  also 
be  the  office  of  said  Superintendent. 


Term. 


Removal. 


salary. 


cierk 


54  PUBLIC    SCHOOL    LAW    OF    MARYLAND. 

ryC.  It  shall  be  the  duty  of  the  Superintendent  of 
DerintSendfntP"  Public  Education  to  inform  himself  and  the  Board  of 
Education  as  to  the  condition  of  the  public  schools 
throughout  the  State;  to  diffuse  information  as  to  the 
best  methods  of  instruction;  to  receive  and  present  to 
the  Board  of  Education  the  reports  of  the  various 
Boards  of  County  School  Commissioners;  to  examine 
said  county  boards'  statements  of  expenditure  of 
school  funds,  and  submit  his  judgment  on  the  same 
to  the  Board  of  Education;  to  remove,  by  and  with 
the  consent  of  two-thirds  of  the  Board  of  Education, 
any  county  examiner  who  shall  be  guilty  of  miscon- 
duct or  inefficiency,  except  that  no  examiner  shall  be 
so  displaced  without  the  privilege  of  being  heard  in 
his  own  defense  before  said  Board  of  Education,  and 
in  every  way  to  conserve  the  interest  and  promote  the 
efficiency  of  the  public  schools  of  this  State.  It  shall 
also  be  the  duty  of  the  said  Superintendent  of  Public 
Education,  to  hold  a  teachers'  institute  in  each  county 
of  the  State  for  five  days  in  each  year. 

71.  The  Faculty  of  the  State  Normal  School  shall 

s?ateUNormai  consist  of  the  principal  and  as  many  teachers  as  shall 

school.      foe  determined  by  the  State  Board  of  Education,  who 

shall   be   appointed    by  said   Board,    and  have   such 

salaries  and  perform  such  duties  as  said  Board  may 

direct. 


, 


• 

• 


> 


HI 


